[1]
Editor's Note: See Ord. No. 2001-25. Article II, Zoning District Regulations, was amended in its entirety 9-11-95 by Ord. No. 1995-41 § 6 and Ord. No. 1995-42. Previously, this Article was adopted 2-7-83 by Ord. No. 1983-1; 11-7-88 by Ord. No. 1988-36; 4-3-89 by Ord. No. 1989-9; 9-5-89 by Ord. No. 1989-26; 6-1-92 by Ord. No. 1992-8; 7-19-93 by Ord. No. 1993-26 § 1; 9-7-93 by Ord. No. 1993-33 §§ 1–7; 9-7-93 by Ord. No. 1993-34 § 2; 4-4-94 by Ord. No. 1994-8 § 3; 8-15-94 by Ord. No. 1994-19 § 1; 3-2-9-95 by Ord. No. 1995-16 §§ 2, 7, 9.
[Amended 9-11-95 by Ord. No. 1995-41 and Ord. No. 1995-42 § 6]
The lawful use of land, buildings or structures existing when
this chapter was adopted may be continued on the lot or in the structure,
although such use may not conform to this chapter, and any such structure
may be restored or repaired in the event of the partial destruction
thereof; provided, however, that none shall be enlarged, extended,
relocated, converted to another use or altered except in conformity
with this chapter, except as permitted below. Land on which a nonconforming
use or structure is located and any nonconforming lot shall not be
subdivided or resubdivided so as to be made more nonconforming in
any manner.
A.
Abandonment. A nonconforming use shall be considered abandoned if
it is terminated by the owner; if a nonconforming use involving a
structure is discontinued for twenty-four (24) consecutive months
it shall be presumed to be abandoned. The owner may request an extension
for an additional twelve (12) month period provided that application
to the Township Committee for such extension is made within the initial
twenty-four (24) month period.
B.
Conversion to Permitted Use. Any nonconforming building, structure
or use may be changed to conform to this chapter but shall not be
changed back to a nonconforming status.
C.
Maintenance. Maintenance work may be done to a nonconforming use,
structure or lot, provided that the maintenance work does not change
the use, expand the building or the functional use of the building,
increase the area of a lot used for a nonconforming purpose or increase
the nonconformity in any manner without variance.
D.
Sale. Any nonconforming use, structure or lot may be sold and continue
to function in the same nonconforming manner.
[Amended 9-18-89 by Ord. No. 1989-29; 8-5-96 by Ord. No. 1996-28 § 1]
A.
No more than one (1) principal building used as a dwelling shall
be permitted on one (1) lot, except that this provision shall not
apply to senior citizen housing complexes, planned adult communities
and multiple-family developments permitted under this chapter.
B.
Exception from Variance Requirement. In all zoning districts, it
shall be unnecessary to apply for or obtain a variance for the alteration
or enlargement of a structure, if all of the following conditions
are present:
(1)
The lot upon which the building is situated complies with the requirements
of the applicable zoning ordinance at the time the existing structure
was constructed; and
(2)
The lot was made nonconforming solely by reason of the passage of
a subsequent zoning ordinance which increased the required minimum
frontage of lots in the zoning district in which the lot is located;
and
(3)
The proposed alteration or enlargement of the building will not extend
into nor encroach upon or diminish the size of the required front,
side and rear yard areas; and
(4)
The proposed alteration or enlargement will not increase the height
of the building beyond the limits of this chapter.
C.
Temporary On-Site Construction Trailers. Permits may be issued by
the Zoning Official for up to one (1) year, subject to renewal, provided,
however, that each trailer shall require a separate permit and only
one (1) renewal may be issued by the Zoning Official. Applications
for further renewal must be made to the Township Committee which may
issue further renewals upon proof of good cause.
D.
East of Parkway. Home occupations and home professional offices are a permitted use in all zoning districts, subject to review and approval by the Site Plan Review Subcommittee, pursuant to § 55-141A. Only one (1) home occupation or home professional office shall be permitted on a single lot in any zoning district. (Also see (1) and (2) below.)
E.
Pinelands West of Parkway. Home occupations and home professional offices are a permitted use in all zoning districts with the exception of the PI Planned Industrial Zone, subject to review and approval by the Site Plan Review Subcommittee, pursuant to § 55-141A. Only one (1) home occupation or home professional office shall be permitted on a single lot in any zoning district. Applications for home occupation or home professional office are exempt from the requirements of notice and public hearing.
(1)
Home occupation, as defined in this chapter, shall be reviewed for
approval by the Site Plan Review Subcommittee, who shall apply the
following criteria:
(a)
The use shall be conducted for commercial gain incidental and
subordinate to its use for residential purposes, and carried out within
a principal dwelling or accessory building by members of the family
residing therein.
(b)
Only one (1) outside employee or assistant who is not a member
of the household shall be engaged in the occupation.
(c)
No such use shall alter the residential character of the lot
and building in which it is located; no occupational sounds shall
be audible outside the building; and no equipment shall be used which
will cause interference with radio or television reception in neighboring
residences. No materials or products shall be stored outside the dwelling
unit or accessory building.
(d)
No more than forty percent (40%) of the total building area
shall be used for a home occupation.
(e)
The home occupation shall not reduce the parking or yard requirements
of the dwelling. There may be parked on the premises not more than
one (1) vehicle owned and operated in conjunction with the home occupation,
provided that the vehicle must comply with all Township regulations
regarding parking of commercial vehicles. No other vehicle(s) owned
or operated in conjunction with the home occupation shall be parked
overnight, stored or repaired, either on- or off-premises, within
a residential zone, and no such vehicle(s) shall be parked overnight
or stored on a street.
(2)
Home professional offices, in a dwelling for use by a member of a
recognized profession as defined in this chapter, shall be considered
a home occupation for the purpose of this chapter, and subject to
the same review criteria and approval process listed in this chapter
for a home occupation.
F.
Marijuana, Cannabis and/or Paraphernalia.
[Added 7-3-18 by Ord. No. 2018-23; amended 5-4-2021 by Ord. No. 2021-9]
(1)
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act, P.L. 2021, c. 16,[1] all cannabis establishments, cannabis distributors or
cannabis delivery services are hereby prohibited from operating anywhere
in the Township of Barnegat, except for the delivery of cannabis items
and related supplies by a delivery service.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
(2)
The following uses or activities are hereby prohibited anywhere within
the Township of Barnegat:
(a)
All classes of cannabis establishments or cannabis distributors
or cannabis delivery services as said terms are defined in section
3 of P.L. 2021, c. 16, but not the delivery of cannabis items and
related supplies by a delivery service.
A.
Districts East of Parkway. For the purpose of this chapter, the Township
of Barnegat east of the Parkway is hereby divided into the following
zoning districts:
[Amended 11-7-88 by Ord. No. 88-36; 4-3-89 by Ord. No. 1989-9; 2-2-98 by Ord. No. 1998-1 § 2;
6-7-04 by Ord. No. 2004-27 § 3;
8-2-04 by Ord. No. 2004-40 § 3;
7-5-05 by Ord. No. 2005-39]
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PW
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Preserved Waterfront Zone
|
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R-40
|
Residential Zone
|
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R-20
|
Residential Zone
|
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R-15
|
Residential Zone
|
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R-10
|
Residential Zone
|
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R-7.5
|
Residential Zone
|
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RC-7.5
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Residential Cluster Zone
|
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R-6
|
Residential Zone
|
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R-MF
|
Residential Multifamily
|
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C-M
|
Marine Commercial
|
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C-N
|
Neighborhood Commercial
|
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C-PHD
|
Commercial Planned Highway Development
|
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C-V
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Village Commercial Zone
|
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CC-CPHD
|
Commercial Core Planned Highway Development Commercial Overlay
Zone
[Added 5-7-12 by Ord. No. 2012-06] |
|
TC-CPHD
|
Town Center Commercial Planned Highway Development Overlay Zone
[Added 5-7-12 by Ord. No. 2012-05] |
|
TC-CN
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Town Center Neighborhood Commercial Overlay Zone
[Added 5-7-12 by Ord. No. 2012-05] |
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TC-CV
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Town Center Village Commercial Overlay Zone
[Added 5-7-12 by Ord. No. 2012-05] |
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ML-1
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Residential Zone
|
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ML-2
|
Residential Zone
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ML-3
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Residential Zone
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ML-4
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Multifamily Residential Zone
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Barnegat Historic District
| |
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ML-5
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Multifamily Residential Zone
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Multi-Family, Age-Restricted Zone
[Added 6-2-14 by Ord. No. 2014-12] | |
B.
Pinelands: Districts West of Parkway. For the purpose of this chapter,
the Township of Barnegat west of the Parkway is hereby divided into
the following zoning districts:
[Amended 6-19-89 by Ord. No. 1989-19; 8-20-90 by Ord. No. 1990-26; 6-7-04 by Ord. No. 2004-23 § 1;
7-5-05 by Ord. No. 2005-39]
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PA
|
Preservation Area
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PF
|
Preserved Forest Pinelands
|
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PV
|
Pinelands Village
|
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PI
|
Planned Industrial
|
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C-PHD
|
Commercial — Planned Highway Development
|
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CN
|
Neighborhood Commercial
|
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RL/AC
|
Residential Low/Adult Community
|
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RL
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Residential Low
|
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RM
|
Residential Medium
|
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RH
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Residential High
|
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RC
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Residential Conservation
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MH
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Mobile Home Residential Zone
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[Amended 7-5-05 by Ord. No. 2005-39; 2-28-08 by Ord. No. 2008-04; 5-7-12 by Ord. No. 2012-08; 10-15-12
by Ord. No. 2012-22; 5-24-2018 by Ord. No. 2018-17]
The Zoning Map prepared by CME Associates, with an effective
date of May 24, 2018, is hereby adopted as the official Zoning Map
of the Township.
A reproduction of the Zoning Map is printed at the end of the
chapter. The Official Zoning Map is located in the Barnegat Township
Municipal Building and copies may be purchased.
A.
East of Parkway.
[Amended 2-7-83 by Ord. No. 1983-1; 11-7-88 by Ord. No. 88-36; 6-19-89 by Ord. No. 1989-19;
8-2-89 by Ord. No. 1989-27; 9-11-95
by Ord. No. 1995-41; 8-5-96 by Ord. No. 1996-28; 6-19-00 by Ord. No. 2000-20; 6-7-04 by Ord.
No. 2004-27; 8-2-04 by Ord. No.
2004-40 § 4; 7-6-09 by Ord. No. 2009-16; 6-2-14 by Ord.
No. 2014-12]
|
Ord. No. 2014-12 designates Block 195.03, Lot 12 as property within the newly designated Multi-Family, Age-Restricted Zone. Section 55-7 of the Township Code entitled "Zoning Map," in particular Subsection (A) is hereby amended to reflect the designation of the aforementioned property as the new Zone.
|
B.
Pinelands—West of Parkway.
[Amended 2-7-83 by Ord. No. 1983-1; 6-19-89 by Ord. No. 1989-19; 10-2-89 by Ord. No. 1989-27;
9-7-93 by Ord. No. 1993-34 § 3;
9-11-95 by Ord. No. 1995-42 § 6; Ord. No. 2000-11 § 2; 6-7-04
by Ord. No. 2004-23; 7-6-09 by Ord. No. 2009-16; 10-15-12 by Ord. No. 2012-22]
|
Editor's Note: See Appendix I for Redevelopment Plans.
|
[Amended 9-11-95 by Ord. No. 1995-41]
A.
Zone boundaries are intended to follow streets, lot lines, hypothetical
extensions of lot lines, property lines or other natural lines, such
as center lines of watercourses, ditches or lagoons, unless such district
or zone boundary is fixed by dimension on the Zoning Map or by description
and shall include contiguous riparian lands subsequently acquired
and/or filled and lands acquired by accretion or stream diversion
by natural causes.
B.
Where a zone boundary fixed by dimension on the Zoning Map approximately
follows and is not more than twenty (20) feet from a lot line, such
lot line shall be construed to be the zone boundary.
C.
In unsubdivided land and where a zone boundary divides a lot, the
location of such boundary, unless same is indicated by dimensions
shown on the map, shall be determined by the use of the scale appearing
thereon.
D.
Boundaries indicated as approximately following municipality limits
shall be construed as following municipal limits.
E.
Where a zoning lot is located in part in one zoning district and
in part in another zoning district, the entire zoning lot or portion
thereof located in the neighboring zone may be used for a purpose
permitted in either zone upon application for a conditional use permit
and upon a determination by the Planning Board that the following
standards and conditions are met:
(1)
The use contemplated can best be established by utilizing the portion
of the zoning lot in the neighboring zone district without materially
affecting the adjoining areas.
(2)
The site plan shall be appropriate to the adjoining area.
(3)
A set of plans, specifications and plot plans shall be filed with
the Board showing overall dimensions, topographical conditions, the
location and intended use of existing and proposed buildings, the
relationship of the proposed use to the streets and adjacent property
and other physical features which might act as a deterrent to the
general welfare.
F.
Where physical or cultural features existing on the ground are at
variance with those shown on the Official Zoning Map, or in other
circumstances not covered by the subsections above, the Board of Adjustment
shall interpret the district boundaries.
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DIVISION 1: ZONING DISTRICTS EAST OF PARKWAY.
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[Amended 11-7-88 by Ord. No. 88-36; 9-11-95 by Ord. No. 1995-41; 6-2-97 by Ord. No. 1997-14 § 2;
8-4-97 by Ord. No. 1997-15 § 2]
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes, together
with its accessory structures.
(2)
Cluster Development, subject to the provisions of this chapter.
(3)
Municipal offices and fire and rescue stations.
(4)
Public schools and colleges.
(5)
Day nurseries.
(6)
Parks and preserves.
(7)
Libraries and museums.
(8)
Golf courses and country clubs.
(9)
Recreational membership facilities, including swimming and tennis
clubs.
(10)
Vehicle campgrounds, public or private.
(11)
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems necessary for the furnishing of adequate service by such utility
or agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
(12)
Crop and tree farming and horticulture, including greenhouses, nurseries
and accessory sheds.
(13)
Raising and keeping of a farm animal for domestic use on a lot having
not less than one (1) acre. Additional farm animals shall not exceed
one (1) per every one (1) additional acre. There shall be no storage
of manure within one hundred (100) feet of any adjoining property
line.
(14)
Commercial farms for the raising, building and keeping of livestock
and poultry for gain on a lot having not less than five (5) acres,
provided further that no building housing such animals and no storage
of manure shall be permitted within two hundred (200) feet of any
adjoining property line.
(15)
Commercial forest harvesting and reforestation activities on a lot
of not less than five (5) acres, but not including sawmills and provided
that cutting shall not be permitted within four hundred (400) feet
of any adjoining lot line.
(16)
Roadside stands for the retail sale of garden produce, similar goods
and related supplies and products.
(17)
Farming operations, as defined in this chapter, except that the keeping
or raising of swine shall not be allowed except as a part of a general
farming operation, and the number of swine shall not exceed one (1)
per three (3) acres, and in no case shall more than ten (10) swine
be allowed on any farm. No building or enclosure for swine shall be
closer than two hundred (200) feet to any property line. No building
for the shelter of fowl or other farm livestock shall be closer than
fifty (50) feet to any property line or street line, except that where
a property line forms the boundary of a residential zone, the setback
shall be increased to one hundred (100) feet.
(18)
Riding stables.
(19)
Tourist homes and bed and breakfast.
B.
Accessory and Temporary Uses.
(1)
Display dwellings used for sales purposes in residential subdivisions
or projects, provided that such uses shall be terminated when the
lot is sold or unit is occupied.
(2)
Temporary on-site construction trailers for which permits may be
issued for periods up to one (1) year, subject to renewal.
(3)
Signs as provided for in this chapter.
(4)
Off-street parking as provided for in this chapter.
(5)
Private residential swimming pools enclosed by safety fences of not
less than four (4) feet in height.
(6)
Storage sheds, provided that they do not exceed one hundred eighty
(180) square feet.
(7)
A private residential tennis court on a lot not less than one (1)
acre.
C.
Conditional Uses. The following uses shall be permitted in the PW
Zone, subject to the issuance of a conditional use permit in conformance
with the provisions of this chapter.
(1)
Commercial indoor recreation establishments, including bowling alleys
and theaters.
(2)
Kennels.
(3)
Extraction of mineral, sand and gravel deposits, subject to the provisions
of Township Ordinances relating to the same.
(4)
Cemeteries.
(5)
Public utility uses, such as water towers, electric substations,
radio towers and transmission lines, which must be provided above
ground.
(6)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(7)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(8)
Indoor antique auction conducted for commercial gain, provided that
the use must be carried out and housed within a structure other than
a residence and provided further that not more than six (6) persons
may be employed on the premises.
D.
Nonbuildable Areas. The following areas shall be considered nonbuildable
within the Township of Barnegat.
[Amended 9-5-89 by Ord. No. 1989-26]
(1)
Areas classified as wetlands by the New Jersey Department of Environmental
Protection which are flowed by tidal waters. This subsection is subject
to allowances granted by the New Jersey Department of Environmental
Protection.
[Amended 8-5-96 by Ord. No. 1996-28 § 2; 10-5-98 by Ord. No. 1998-22 § 2]
The following regulations apply in the R-40 Zone.
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes together
with its accessory structures.
(2)
Municipal offices and fire rescue stations.
(3)
Public schools and colleges.
(4)
Day nurseries.
(5)
Parks and preserves.
(6)
Libraries and museums.
(7)
Hospitals, clinics and convalescent homes.
(8)
Places of worship, including parish and educational buildings.
(9)
Golf courses and country clubs.
(10)
Recreational membership facilities, including swimming and tennis
clubs.
(11)
Vehicle campgrounds, public and private.
(12)
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems necessary for the furnishing of adequate service by such utility
or agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
(13)
Crop and tree farming and horticulture, including greenhouses,
nurseries and accessory sheds.
(14)
Raising and keeping of a farm animal for domestic use on a lot
having not less than one (1) acre. Additional farm animals shall not
exceed one (1) per every one (1) additional acre. There shall be no
storage of manure within one hundred (100) feet of any adjoining property
line.
(15)
Commercial farms for the raising, building and keeping of livestock
and poultry for gain or a lot having not less than five (5) acres,
provided further that no building housing such animals and no storage
of manure shall be permitted within two hundred (200) feet of any
adjoining property line.
(16)
Commercial forest harvesting and reforestation activities on
a lot of not less than five (5) acres, but not including sawmills
and provided that cutting shall not be permitted within four hundred
(400) feet of any adjoining lot line.
(17)
Roadside stands for the retail sale of garden produce, similar
goods and related supplies and products.
C.
Conditional Uses. The following uses shall be permitted in the R-40
Zone, subject to the issuance of a conditional use permit in conformance
with the provisions of this chapter:
(1)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(2)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(3)
Cemeteries.
(4)
Public utility uses, such as water towers, electric substations,
radio towers and transmission lines, which must be provided above
ground.
(5)
Assisted living facilities, nursing and convalescent homes and long-term
care facilities may be permitted in those zoning districts specified,
subject to the issuance of a conditional use permit and adherence
to the minimum requirements of the particular zone and the following
standards:
(a)
A statement shall be submitted with the application setting
forth the full particulars regarding the use, activities and buildings.
(b)
The site shall have frontage on and have primary direct access
to and from a county road or a New Jersey State Highway or a Barnegat
Township improved road.
(c)
Minimum requirements shall be as follows:
[1]
Minimum area, yard and building requirements.
[c]
Accessory building requirements. Accessory building
requirements shall be the same as those established for the particular
zoning district within which the facility is located.
[d]
Maximum building coverage (combined coverage of
all principal and accessory buildings) shall be twenty percent (20%).
[2]
Maximum principal building height: thirty-five (35) feet, provided, however, that the height of a structure, or portion thereof, may exceed the maximum as otherwise permitted in § 55-169, provided that the front, rear and side yard requirements set forth above shall be increased by one (1) foot for each foot by which the height of the structure, or part thereof, exceeds the permitted maximum height; and further provided that in no case shall any proposed structure, or part thereof, exceed three (3) usable floors (stories) and fifty (50) feet in height.
[3]
Maximum accessory building height: thirty-five (35) feet.
(d)
All support facilities, functions and services shall be intended
for the use and benefit of the resident users of the facility and
their guests.
(e)
Support services, functions and facilities within a facility
or development may include the following or similar personal services:
[1]
Indoor and outdoor recreational facilities.
[2]
Physical therapy facilities.
[3]
Entertainment facilities.
[4]
Libraries.
[5]
Food preparation facilities.
[6]
Dining facilities.
[7]
Linen service facilities.
[8]
Nursing services.
[9]
Housekeeping services.
[10]
Health care facilities and services, including nursing beds,
security facilities, administrative offices, storage facilities, chapels,
facilities for the temporary lodging of guests and limited service
facilities.
[11]
Medical Day Care/Social Day Care (Adult Day Services).
[12]
Personal Care Centers (haircutting, shampooing, personal grooming,
etc.).
(f)
Parking facilities for the residents, employees and visitors
of the assisted care facility shall be provided based on a total of
the following:
[1]
One (1) space per State licensed assisted living dwelling unit.
Provided however, that the applicant shall be allowed to provide,
at the time of initial construction, one (1) parking space for every
three (3) dwelling units, but reserve an adequate area for future
construction of the additional required parking spaces should the
actual operating experience demonstrate that the amount of parking
initially provided is insufficient.
[2]
One (1) space per day-shift employee.
[3]
One (1) space per ten (10) independent living units for visitor
parking.
[4]
Where fractional spaces result in the calculation of the requirements,
the required number shall be constructed to be the nearest whole number.
(g)
Any health care facility shall be licensed by and/or meet all
applicable standards of Federal, State and county regulatory agencies.
(h)
Minimum residential floor area. The requirements contained in
this section are designed to promote and protect the public health,
to prevent overcrowded living conditions, to guard against the development
of substandard neighborhoods, to conserve established property values
and to contribute to the general welfare:
[Amended 10-5-98 by Ord. No. 1998-22 § 3]
The following regulations apply in the R-20 Zone.
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes, together
with accessory structures.
(2)
Municipal offices and fire rescue stations.
(3)
Public schools and colleges.
(4)
Parks and preserves.
(5)
Places of worship, including parish and educational buildings.
(6)
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems necessary for the furnishing of adequate service by such utility
or agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
(7)
Crop and tree farming and horticulture, including greenhouses, nurseries
and accessory sheds.
(8)
Library and museums.
C.
Conditional Uses. The following uses shall be permitted in the R-20
Zone, subject to the issuance of a conditional use permit in conformance
with the provisions of this chapter.
(1)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(2)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(3)
Public utility uses, such as water towers, electric substations,
radio towers and transmission lines, which must be provided above
ground.
(4)
Raising and keeping of a farm animal for domestic use on a lot having
no less than one (1) acre. Additional farm animals shall not exceed
one (1) per every one (1) additional acre. There shall be no storage
of manure within one hundred (100) feet of any adjoining property
line.
(5)
Assisted living facilities, nursing and convalescent homes and long-term
care facilities may be permitted in those zoning districts specified,
subject to the issuance of a conditional use permit and adherence
to the minimum requirements of the particular zone and the following
standards:
(a)
A statement shall be submitted with the application setting
forth the full particulars regarding the use, activities and buildings.
(b)
The site shall have frontage on and have primary direct access
to and from a county road or a New Jersey State Highway or a Barnegat
Township improved road.
(c)
Minimum requirements shall be as follows:
[1]
Minimum area, yard and building requirements.
[c]
Accessory building requirements. Accessory building
requirements shall be the same as those established for the particular
zoning district within which the facility is located.
[d]
Maximum building coverage (combined coverage of
all principal and accessory buildings) shall be twenty percent (20%).
[2]
Maximum principal building height: thirty-five (35) feet, provided, however, that the height of a structure, or portion thereof, may exceed the maximum as otherwise permitted in § 55-169, provided that the front, rear and side yard requirements set forth above shall be increased by one (1) foot for each foot by which the height of the structure, or part thereof, exceeds the permitted maximum height; and further provided that in no case shall any proposed structure, or part thereof, exceed three (3) usable floors (stories) and fifty (50) feet in height.
[3]
Maximum accessory building height: thirty-five (35) feet.
(d)
All support facilities, functions and services shall be intended
for the use and benefit of the resident users of the facility and
their guests.
(e)
Support services, functions and facilities within a facility
or development may include the following or similar personal services.
[1]
Indoor and outdoor recreational facilities.
[2]
Physical therapy facilities.
[3]
Entertainment facilities.
[4]
Libraries.
[5]
Food preparation facilities.
[6]
Dining facilities.
[7]
Linen service facilities.
[8]
Nursing services.
[9]
Housekeeping services.
[10]
Health care facilities and services, including nursing beds,
security facilities, administrative offices, storage facilities, chapels,
facilities for the temporary lodging of guests and limited service
facilities.
[11]
Medical day care/social day care (adult day services).
[12]
Personal care centers (haircutting, shampooing, personal grooming,
etc.).
(f)
Parking facilities for the residents, employees and visitors
of the assisted care facility shall be provided based on a total of
the following:
[1]
One (1) space per State licensed assisted living dwelling unit.
Provided however, that the applicant shall be allowed to provide,
at the time of initial construction, one (1) parking space for every
three (3) dwelling units, but reserve an adequate are for future construction
of the additional required parking spaces should the actual operating
experience demonstrate that the amount of parking initially provided
is insufficient.
[2]
One (1) space per day-shift employee.
[3]
One (1) space per ten (10) independent living units for visitor
parking.
[4]
Where fractional spaces result in the calculation of the requirements,
the required number shall be construed to be the nearest whole number.
(h)
Any health care facility shall be licensed by and/or
meet all applicable standards of Federal, State and county regulatory
agencies.
(i)
Minimum residential floor area. The requirements contained in
this section are designed to promote and protect the public health,
to prevent overcrowded living conditions, to guard against the development
of substandard neighborhoods, to conserve established property values
and to contribute to the general welfare:
(6)
Age restricted rental garden apartments may be permitted subject
to the issuance of a conditional use permit and adherence to the minimum
requirements of this zone and the following standards:
[Added 2-4-02 by Ord. No. 2002-03]
(a)
The age restricted rental garden apartments shall be limited
to occupancy by residents who are at least fifty-five (55) years of
age or over; provided, however, no child nineteen (19) years of age
or under may reside with an occupant. The appropriate approving agency
shall have the right to deviate from this Section provided that the
deviation shall be in conformance with the United States Fair Housing
Act of 1988, P.L. 100-430 U.S.C. § 3601 et seq.
(b)
The site shall have frontage on and have primary direct access
to and from a county road or a New Jersey State Highway.
(c)
Garden apartment general standards.
[1]
Maximum building height. No building shall exceed thirty-five
(35) feet in height or two and five-tenths (2.5) stories.
[2]
Area and yard requirements.
[a]
The minimum tract size shall be five (5) acres,
including the areas of existing street and water areas within the
tract boundary lines, provided that they total no more than two percent
(2%) of the tract area. All plans shall delineate the boundaries of
the portion(s) of the tract devoted to each use.
[Amended 4-5-10 by Ord. No. 2010-04]
[c]
Minimum building yard areas shall be measured horizontally
in feet and shall be measured away from the front, side and rear of
each building. The total minimum distance between buildings shall
be the sum of the two (2) abutting yard areas. The minimum yards shall
be forty (40) feet for front yards, twenty-five (25) feet for side
yards and fifty (50) feet for year yards. No building as measured
radially from any corner shall be closer to any other building corner
than the combined distances of the side yard requirements for each
building. The combined distance of two (2) side yards shall exclude
any driveway or vehicular access, such driveway or vehicular access
width being in addition to the combined side yard width.
[d]
No structure shall be more than four (4) dwelling
units in any unbroken building line. A setback of not less than four
(4) feet shall be deemed a satisfactory break in the building line.
[e]
All residential buildings shall be designated and
constructed with a soundproofing barrier between adjoining units with
a sound transmission Class 50 as tested by the American Society for
Testing and Materials, E90. Floor plans of a typical unit shall be
required. Any room other than kitchen, closet or combined living-dining
room shall be counted as a bedroom for purposes hereof.
[f]
Land area equal to at least two hundred fifty (250)
square feet for each dwelling unit shall be specified on the site
plan and improved by the developer as active recreation areas for
use by the residents of the development. Such areas shall be an integral
part of the development, and each shall be at least ten thousand (10,000)
square feet in size, at least seventy-five (75) feet wide and have
a grade less than five percent (5%).
[g]
All portions of the tract not utilized by buildings
or paved surfaces shall be landscaped, utilizing combinations such
as landscaped fencing, shrubbery, lawn area, ground cover, rock formations,
contours, existing foliage and the planting of conifers and/or deciduous
trees native to the area in order to either maintain or reestablish
the tone of the vegetation in the area and lessen the visual impact
of the structures and paved areas. The established grades on any side
shall be planned for both aesthetic and drainage purposes. The grading
plan, drainage facilities and landscaping shall be coordinated to
prevent erosion and silting as well as assuring that the capacity
of any natural or man-made drainage system is sufficient to handle
the water generated and anticipated both from the site and contributing
upstreet areas.
[5]
Plan review shall be required by the appropriate approving agency
for all garden apartments. All submissions, review procedures, development
review fees, site plan regulations, permits and approvals, design
and performance standards, zoning district regulations and compliance
shall conform to the provisions as set forth in this chapter.
[6]
Within the R-20 Zone allowing apartments, no dwelling containing
apartments shall take place unless the following minimum standards
are met in addition to the other requirements of this chapter.
[a]
Each dwelling unit and combined complex of dwelling
units shall have a compatible architectural theme with variations
in design to provide attractiveness to the development, and which
shall include consideration of landscaping techniques, building orientation
to the site and to other structures, topography, natural features
and individual dwelling unit design, such as varying unit width, staggering
unit setbacks, providing different exterior materials, changing rooflines
and roof designs, altering building heights and changing types of
windows, shutters, doors, porches, colors and vertical or horizontal
orientation of the facades, singularly or in combination for each
dwelling unit. The number of dwelling units in one (1) building shall
not exceed twelve (12).
[b]
All dwelling units shall be connected to approved
and functioning public water and sanitary sewer systems prior to the
issuance of a certificate of occupancy.
[c]
All parking facilities shall be on the same site
as the building and located within one hundred fifty (150) feet of
the nearest entrance of the building they are intended to serve. Parking
spaces shall be provided in areas designed specifically for parking,
and there shall be no parking along interior streets. The total area
devoted to parking shall not exceed twenty percent (20%) of the tract,
and the total aggregate area devoted to both parking and interior
streets shall not exceed thirty percent (30%) of the tract.
[d]
Apartment buildings may consist of any configuration
that meets the prescribed area and yard requirements and does not
exceed the following overall or component building lengths. Building
coverage shall not exceed twenty percent (20%) of the tract area.
 |
|
a = 200 feet on one plane
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b = 340 feet on any angle
|
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c = 500 feet along the center line
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Buildings measured along the center line shall provide one (1)
opening at ground level at least every two hundred fifty (250) feet.
This opening shall be a minimum of fifteen (15) feet in clear width
and height and shall be at an elevation enabling emergency-vehicle
access through the opening.
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[e]
No portion of any dwelling unit shall be a basement.
[f]
Each dwelling unit shall have two (2) separate
means of egress to the ground, except that any windowsill which is
twelve (12) feet or less above the ground level below it shall be
considered a separate means of egress.
[g]
In addition to any storage area contained inside
individual dwelling units, there shall be provided for each dwelling
unit two hundred (200) cubic feet of storage area in a convenient,
centrally located area in the basement or ground floor of the dwelling
structure, where personal belongings and effects may be stored without
constituting a fire hazard and where said belongings and effects may
be kept locked and separated from the belongings of other occupants.
[h]
No outside area or equipment shall be provided
for the hanging of laundry or the outside airing of laundry in any
manner. Sufficient area and equipment shall be made available within
each dwelling unit for the laundering and artificial drying of laundry
of occupants of each dwelling unit.
[i]
Each apartment building shall contain a single
master television antenna system which shall serve all dwelling units
within the building, and there shall be no additional exterior television
or radio equipment permitted.
[j]
All streets, both internal and external (including
grading and paving), driveways, parking areas, sidewalks, curbs, gutters,
streetlighting, shade trees, water mains, water systems, culverts,
storm sewers, sanitary sewers, pumping stations, drainage structures
and such other improvements as may be found to be necessary for the
health, safety and welfare of the public and in the public interest,
including recreational facilities, shall be installed at the expense
of the developer and shall be completed to the satisfaction of the
Township Engineer before a certificate of occupancy may be issued.
In lieu of total completion of landscaping improvements only, an adequate
performance bond properly guaranteeing the completion may be accepted.
Such bond value will be set at the time of posting and will be held
by the Clerk of Barnegat Township, after approval by the Township
Attorney as to form and surety, for a period of no more than one (1)
year, during which time said landscaping improvements shall be completed.
This subsection shall not be construed as relieving the developer
of the performance bond requirements in accordance with this chapter.
The following regulations apply in the R-15 Zone.
The following regulations apply in the R-10 Zone.
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes, together
with its accessory structures.
(2)
Municipal offices and fire and rescue stations.
(3)
Public schools and colleges.
(4)
Parks and preserves.
(5)
Libraries and museums.
(6)
Places of worship, including parish and educational buildings.
(7)
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems necessary for the furnishing of adequate service by such utility
or agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
The following regulations apply in the R-7.5 Zone.
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes, together
with its accessory structures.
(2)
Municipal offices and fire and rescue stations.
(3)
Parks and preserves.
(4)
Libraries and museums.
(5)
Places of worship, including parish and educational buildings.
(6)
The erection, construction, alteration or maintenance by a public
utility, or municipal agency of underground distribution or collection
systems necessary for the furnishing of adequate service by such utility
or agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
The following regulations apply in the RC-7.5 Zone.
The following regulations apply in the R-6 Zone.
The following regulations apply in the R-MF Zone.
A.
Permitted Uses.
(1)
Two (2) family dwellings for residential purposes, together with
accessory structures in accordance with the provisions as outlined
in this chapter.
(2)
Attached single-family dwellings (townhouses) for residential purposes,
together with accessory structures in accordance with the provisions
of this chapter; and apartment dwelling units, for residential purposes,
subject to the provisions of this chapter.
(3)
Adult community housing for residential purposes, subject to the
provisions of this chapter.
(4)
Parks and preserves.
(5)
The erection, construction, alteration or maintenance by the public
utility or municipal agency of underground distribution or collection
systems necessary for the furnishing of adequate service by such utility
or agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
(6)
Detached single-family dwelling for residential purposes, together
with its accessory uses.
(7)
Municipal offices and fire rescue stations.
C.
Conditional Uses. The following uses shall be permitted in the R-MF
Zone, subject to issuance of a conditional use permit in conformance
with the provisions of this chapter.
(1)
Same as specified for the R-40 Zone, with the exception of indoor
antique auctions which are specifically excluded.
D.
Garden Apartment/Townhouse General Standards.
(1)
Maximum building height. No building shall exceed thirty-five (35)
feet in height or two and five-tenths (2.5) stories.
(2)
Area and yard requirements.
(a)
The maximum tract size shall be five (5) acres, including the
areas of existing street and water areas within the tract boundary
lines, provided that they total no more than two percent (2%) of the
tract area. All plans shall delineate the boundaries of the portion(s)
of the tract devoted to each use.
(c)
Minimum building yard areas shall be measured horizontally in
feet and shall be measured away from the front, side and rear of each
building. The total minimum distance between buildings shall be the
sum of the two (2) abutting yard areas. The minimum yards shall be
forty (40) feet for front yards, twenty-five (25) feet for side yards
and fifty (50) feet for rear yards. No building as measured radially
from any corner shall be closer to any other building corner than
the combined distances of the side yard requirements for each building.
The combined distance of two (2) side yards shall exclude any driveway
or vehicular access, such driveway or vehicular access width being
in addition to the combined side yard width.
(d)
No structure shall be more than four (4) dwelling units in any
unbroken building line. A setback of not less than four (4) feet shall
be deemed a satisfactory break in the building line.
(e)
All residential buildings shall be designated and constructed
with a soundproofing barrier between adjoining units with a sound
transmission Class 50 as tested by the American Society for Testing
and Materials, E-90. Floor plans of a typical unit shall be required.
Any room other than kitchen, closet or combined living-dining room
shall be counted as a bedroom for purposes hereof.
(f)
Land area equal to at least two hundred fifty (250) square feet
for each dwelling unit shall be specified on the site plan and improved
by the developer as active recreation areas for use by the residents
of the development. Such areas shall be an integral part of the development,
and each shall be at least ten thousand (10,000) square feet in size,
at least seventy-five (75) feet wide and have a grade less than five
percent (5%).
(g)
All portions of the tract not utilized by buildings or paved
surfaces shall be landscaped, utilizing combinations such as landscaped
fencing, shrubbery, lawn area, ground cover, rock formations, contours,
existing foliage and the planting of conifers and/or deciduous trees
native to the area in order to either maintain or reestablish the
tone of the vegetation in the area and lessen the visual impact of
the structures and paved areas. The established grades on any side
shall be planned for both aesthetic and drainage purposes. The grading
plan, drainage facilities and landscaping shall be coordinated to
prevent erosion and silting as well as assuring that the capacity
of any natural or man-made drainage system is sufficient to handle
the water generated and anticipated both from the site and contributing
upstreet areas.
(4)
Density.
(a)
Garden apartments shall not exceed a density of four (4) units
per acre.
(b)
Townhouses shall not exceed a density of four (4) units per
acre.
(c)
Any development incorporating both garden apartments and townhouses
must allow that no more than sixty-five percent (65%) of all dwelling
units are either garden apartments or townhouses.
(5)
Plan review shall be required by the appropriate municipal agency
for all garden apartments and townhouses. All submissions, review
procedures, development review fees, site plan regulations, permits
and approvals, design and performance standards, zoning district regulations
and compliance shall conform to the provisions as set forth in this
chapter.
E.
Apartments.
(1)
Within the R-MF Zone allowing apartments, no dwelling containing
apartments shall take place unless the following minimum standards
are met in addition to the other requirements of this chapter.
(2)
Each dwelling unit and combined complex of dwelling units shall have
a compatible architectural theme with variations in design to provide
attractiveness to the development, and which shall include consideration
of landscaping techniques, building orientation to the site and to
other structures, topography, natural features and individual dwelling
unit design, such as varying unit width, staggering unit setbacks,
providing different exterior materials, changing rooflines and roof
designs, altering building heights and chancing types of windows,
shutters, doors, porches, colors and vertical or horizontal orientation
of the facades, singularly or in combination for each dwelling unit.
The number of dwelling units in one (1) building shall not exceed
twelve (12).
(3)
All dwelling units shall be connected to approved and functioning
public water and sanitary sewer systems prior to the issuance of a
certificate of occupancy.
(4)
All parking facilities shall be on the same site as the building
and located within one hundred fifty (150) feet of the nearest entrance
of the building they are intended to serve. Parking spaces shall be
provided in areas designed specifically for parking, and there shall
be no parking along interior streets. The total area devoted to parking
shall not exceed twenty percent (20%) of the tract, and the total
aggregate area devoted to both parking and interior streets shall
not exceed thirty percent (30%) of the tract.
(5)
Apartment buildings may consist of any configuration that meets the
prescribed area and yard requirements and does not exceed the following
overall or component building lengths. Building coverage shall not
exceed twenty percent (20%) of the tract area.
 |
|
a = 200 feet on one plane
|
|
b = 340 feet on any angle
|
|
c = 500 feet along the center line
|
|
Buildings measured along the center line shall provide one (1)
opening at ground level at least every two hundred fifty (250) feet.
This opening shall be a minimum of fifteen (15) feet in clear width
and height and shall be at an elevation enabling emergency-vehicle
access through the opening.
|
(6)
No portion of any dwelling unit shall be a basement.
(7)
Each dwelling unit shall have two (2) separate means of egress to
the ground, except that any windowsill which is twelve (12) feet or
less above the ground level below it shall be considered a separate
means of egress.
(8)
In addition to any storage area contained inside individual dwelling
units, there shall be provided for each dwelling unit two hundred
(200) cubic feet of storage area in a convenient, centrally located
area in the basement or ground floor of the dwelling structure, where
personal belongings and effects may be stored without constituting
a fire hazard and where said belongings and effects may be kept locked
and separated from the belongings of other occupants.
(9)
No outside area or equipment shall be provided for the hanging of
laundry or the outside airing of laundry in any manner. Sufficient
area and equipment shall be made available within each dwelling unit
for the laundering and artificial drying of laundry of occupants of
each dwelling unit.
(10)
Each apartment building shall contain a single master television
antenna system which shall serve all dwelling units within the building,
and there shall be no additional exterior television or radio equipment
permitted.
(11)
All streets, both internal and external (including grading and
paving), driveways, parking areas, sidewalks, curbs, gutters, streetlighting,
shade trees, water mains, water systems, culverts, storm sewers, sanitary
sewers, pumping stations, drainage structures and such other improvements
as may be found to be necessary for the health, safety and welfare
of the public and in the public interest, including recreational facilities,
shall be installed at the expense of the developer and shall be completed
to the satisfaction of the Township Engineer before a certificate
of occupancy may be issued. In lieu of total completion of landscaping
improvements only, an adequate performance bond properly guaranteeing
the completion may be accepted. Such bond value will be set at the
time of posting and will be held by the Clerk of Barnegat Township,
after approval by the Township Attorney as to form and surety, for
a period of no more than one (1) year, during which time said landscaping
improvements shall be completed. This subsection shall not be construed
as relieving the developer of the performance bond requirements in
accordance with this chapter.
F.
Townhouses.
(1)
Within the R-MF Zone allowing townhouses, no townhouse development
shall take place unless the following minimum standards are met in
addition to the other requirements of this chapter.
(2)
Each dwelling unit and combined complex of dwelling units shall have
a compatible architectural theme with variations in design to provide
attractiveness to the development, which shall include consideration
of landscaping techniques, building orientation to the site and to
other structures, topography, natural features and individual dwelling
unit deign, such as varying unit widths, staggering unit setbacks,
providing different exterior materials, changing rooflines and roof
designs, altering building heights and changing types of windows,
shutters, doors, porches, colors and vertical or horizontal orientation
of the facades, singularly or in combination for each dwelling unit.
(3)
All dwelling units shall be connected to approved and functioning
public water and sanitary sewer systems prior to the issuance of a
certificate of occupancy.
(4)
All parking facilities shall be on the same site as the building
and located within one hundred fifty (150) feet of the nearest entrance
of the building they are intended to serve. Parking spaces shall be
provided in areas designed specifically for parking, and there shall
be no parking along interior streets. The total area devoted to parking
shall not exceed twenty percent (20%) of the tract, and the total
aggregate area devoted to both parking and interior streets shall
not exceed thirty-five percent (35%) of the tract.
(5)
No townhouse dwelling unit shall be less than twenty (20) feet wide.
Building coverage shall not exceed twenty percent (20%) of the tract
area. The number of dwelling units in one (1) building shall not exceed
six (6).
(6)
No outside area or equipment shall be provided for the hanging of
laundry or the outside airing of laundry in any manner. Sufficient
area and equipment shall be made available within each building unit
for the laundering and artificial drying of laundry of occupants of
each dwelling unit.
(7)
Each building shall contain a single master television antenna system
which shall serve all dwelling units within the building, and there
shall be no additional exterior television or radio equipment permitted.
(8)
All streets, both internal and external (including grading and paving),
driveways, parking areas, sidewalks, curbs, gutters, streetlighting,
shade trees, water mains, water systems, culverts, storm sewers, sanitary
sewers, pumping stations, drainage structures and such other improvements
as may be found to be necessary in the public interest, including
recreational facilities, shall be installed at the expense of the
developer and shall be completed to the satisfaction of the Township
Engineer before a certificate of occupancy may be issued. In lieu
of total completion of landscaping improvements only, an adequate
performance bond properly guaranteeing the completion may be accepted.
Such bond value will be set at the time of posting and will be held
by the Clerk of Barnegat Township, after approval by the Township
Attorney as to form and surety, for a period of no more than one (1)
year, during which time said landscaping improvements shall be completed,
or the bond will be forfeited. This subsection shall not be construed
as relieving the developer of the performance bond requirements in
accordance with this chapter.
G.
Two (2) Family Dwellings.
(1)
Maximum building height. No building shall exceed thirty-five (35)
feet in height or two and five-tenths (2.5) stories.
(2)
Minimum area and yard requirements.
(a)
Lot area: twelve thousand (12,000) square feet.
(b)
Lot width: one hundred twenty (120) feet.
(c)
Lot depth: ninety (90) feet.
(d)
Front yard: thirty (30) feet.
(e)
One (1) side yard: ten (10) feet.
(f)
Both side yards: twenty-five (25) feet.
(g)
Rear yard: thirty (30) feet.
(h)
Maximum percent of lot covered by building: twenty-five percent
(25%).
(4)
Plan review shall be required by the appropriate municipal agency
for all two (2) family dwelling developments. All submissions, review
procedures, development review fees, site plan regulations, permits
and approvals, design and performance standards, zoning district regulations
and compliance shall conform to the provisions as set forth in this
chapter.
(5)
Each family unit shall have a one-car garage with one (1) additional
off-street parking space.
H.
Single-Family Dwellings.
(1)
Maximum building height: same as two (2) family dwellings.
(2)
Area and yard requirements:
(a)
Lot area: seven thousand five hundred (7,500) square feet.
(b)
Lot width: seventy-five (75) feet.
(c)
Lot depth: one hundred (100) feet.
(d)
Front yard: thirty (30) feet.
(e)
One (1) side yard: eight (8) feet.
(f)
Both side yards: twenty (20) feet.
(g)
Rear yard: twenty-five (25) feet.
(h)
Maximum percent of lot covered by building: thirty percent (30%).
(i)
Accessory buildings: same as two (2) family dwellings.
I.
Adult Community Housing.
(1)
Adult community housing shall be permitted in accordance with the
planned adult community provisions of this chapter.
(2)
Public and nonprofit or limited-dividend housing for elderly person,
specifically designed to provide well-constructed and adequate housing
for elderly persons having low or moderate income, shall conform to
all the requirements and guidelines established by the United States
Department of Housing and Urban Development or the New Jersey Housing
and Finance Agency, whichever are the more stringent, with respect
to cost limitation, construction, rental costs, selling prices and
other standards for low and moderate-income senior-citizen housing,
and the applicant for construction of such housing shall participate
in Federal and/or State subsidy programs for such housing in order
that shelter costs shall be initiated and maintained at the lowest
feasible amounts. Such housing shall be occupied by individuals fifty-five
(55) years of age or older and shall be permitted in this zone.
(3)
Plan review shall be required by the appropriate municipal agency
for all adult community development. All submissions, review procedures,
development review fees, site plan regulations, permits and approvals,
design and performance standards, zoning district regulations and
compliance shall conform to the provisions set forth in this chapter.
[Amended 6-2-97 by Ord. No. 1997-14 § 2; 8-4-97 by Ord. No. 1997-15 § 2]
The following regulations apply in the C-M Zone.
A.
Permitted Uses.
(1)
Retail trade and service establishments, including the sale of groceries,
baked goods, fishing supplies, gifts, apparel, antiques, housewares,
and appliances, the sale of fish, shellfish and other seafood, retail
or wholesale, and such other similar uses.
(2)
Business and professional offices.
(3)
Restaurants.
(4)
Marinas and accessory uses incidental thereto.
(5)
Municipal offices and fire and rescue stations.
(6)
Parks and preserves.
(7)
Nonprofit civic, social and fraternal organizations.
(8)
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems for the furnishing of adequate service by such utility or
agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
(9)
Detached single-family residential dwellings for residential purposes,
together with their accessory shall in accordance with the yard, area
and bulk requirements of the R-7.5 Residential Zone.
(10)
Tourist homes and bed and breakfast inns.
(11)
Auctions—excluding flea markets.
B.
Accessory and Temporary Uses.
(1)
Sales establishments for boats, boat trailers and other equipment
accessory to marinas.
(2)
One (1) accessory apartment in a permitted establishment, such apartments
to be no less than seven hundred (700) square feet in area.
(3)
Temporary on-site construction trailers for which permits may be
issued for period of to one (1) year, subject to renewal.
(4)
Signs as provided for in this chapter.
(5)
Off-street parking as provided for in this chapter.
(6)
Storage sheds provided that they do not exceed a total area of one
hundred eighty (180) square feet.
(7)
Private residential swimming pools, provided that such use shall
only be permitted as part of a detached single-family dwelling and
that the pools are enclosed with safety fences of not less than four
(4) feet in height.
C.
Conditional Uses. The following uses shall be permitted in the C-M
Zone, subject to the issuance of a conditional use permit in accordance
with the provisions of this chapter.
(1)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(2)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(3)
Public utility uses, such as water towers, electric substations,
radio towers and transmission lines, which must be provided above
ground.
(4)
Commercial recreation establishments including bowling alleys and
theaters.
(5)
State licensed boarding homes.
(6)
Motel/hotel.
[Amended 8-4-97 by Ord. No. 1997-29 § 3; 8-17-98 by Ord. No. 1998-13 §§ 4, 7; 10-5-98 by Ord.
No. 1998-22 § 4]
The following regulations apply in the C-N Zone.
A.
Permitted Uses.
(1)
Retail trade and service establishments, including the sale of groceries,
baked goods, fishing supplies, gifts, apparel, antiques, housewares,
and appliances, barber and beauty shops, laundries and such other
similar uses.
(2)
Business and professional offices.
(3)
Automotive filling stations.
(4)
Day nurseries.
(5)
Parks and preserves.
(6)
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems for the furnishing of adequate service by such utility or
agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
(7)
Restaurants.
(8)
Bed and breakfast inns and tourist homes: Owner-occupied dwellings
providing overnight guest accommodations and prepared meals to transients
for compensation. A bed and breakfast inn shall contain no more than
ten (10) guest rooms; provide a minimum of two (2) off-street, on-site
parking spaces plus one (1) space per guest room; restrict the duration
of the stay of patrons to a maximum of fourteen (14) consecutive nights;
and restrict the service of meals to overnight guests. Individual
kitchen facilities or kitchenettes in the guest rooms shall be prohibited.
[Amended 2-16-99 by Ord. No. 1999-4]
(9)
Ambulance dispatch service (no on-site maintenance).
(10)
Auctions—not to include permanent flea markets.
(11)
Funeral homes.
(12)
Home building supply center.
(13)
Car wash.
(14)
Municipal offices and fire and rescue stations.
(15)
Detached single-family dwellings for residential purposes, together
with their accessory structures. The single-family dwellings shall
conform to the following minimum building requirements:
[Amended 11-3-03 by Ord. No. 2003-41]
|
Front yard setback: 40 ft.
|
|
Side yard setback (one side): 10 ft.
|
|
Side yard setback (both sides): 25 ft.
|
|
Rear yard setback: 35 ft.
|
|
Maximum percentage of lot coverage by building: 20%
|
|
Maximum building height: 2.5 stories/35 ft.
|
|
Accessory building side yard setback: 5 ft.
|
|
Accessory building rear yard setback: 10 ft.
|
B.
Accessory and Temporary Uses.
(1)
One (1) accessory apartment in a permitted establishment, such apartments
to be no less than seven hundred (700) square feet in area.
(2)
Temporary on-site construction trailers for which permits may be
issued for periods up to one (1) year, subject to renewal.
(3)
Signs as provided for in this chapter.
C.
Conditional Uses. The following uses shall be permitted in the C-N
Zone, subject to the issuance of a conditional use permit in conformance
with the provisions of this chapter:
(1)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(2)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(3)
Public utility uses, such as water towers, electric substations,
radio towers and transmission lines, which must be provided above
ground.
(4)
Nursing homes.
(5)
Commercial recreation establishments including bowling alleys and
theaters.
(6)
Hotel/motel shall only be located on property directly accessed by
a County Road and within 1,000 feet from the Garden State Parkway.
The maximum permitted building height for a hotel/motel in the C-N
District shall be 60 feet.
[Amended 2-2-2021 by Ord. No. 2021-4[1]]
[1]
Editor's Note: This ordinance also changed the title of this
section from "C-N Neighborhood Commercial Zone" to "C-N Neighborhood
Commercial Zone East of Parkway."
(7)
State licensed boarding homes.
(9)
Assisted living facilities, nursing and convalescent homes and long-term
care facilities may be permitted in those zoning districts specified,
subject to the issuance of a conditional use permit and adherence
to the minimum requirements of the particular zone and the following
standards:
[Amended 2-2-2021 by Ord. No. 2021-4]
(a)
A statement shall be submitted with the application setting
forth the full particulars regarding the use, activities and buildings.
(b)
The site shall have frontage on and have primary direct access
to and from a county road or a New Jersey State Highway or a Barnegat
Township improved road.
(c)
Minimum requirements shall be as follows:
[1]
[2]
Maximum principal building height: thirty-five (35) feet, provided, however, that the height of a structure, or portion thereof, may exceed the maximum as otherwise permitted in § 55-129, provided that the front, rear and side yard requirements set forth above shall be increased by one (1) foot for each foot by which the height of the structure, or part thereof, exceeds the permitted maximum height; and further provided that in no case shall any proposed structure, or part thereof, exceed three (3) usable floors (stories) and fifty (50) feet in height.
[3]
Maximum accessory building height: thirty-five (35) feet.
(d)
All support facilities, functions and services shall be intended
for the use and benefit of the resident users of the facility and
their guests.
(e)
Support services, functions and facilities within a facility
or development may include the following or similar personal services:
[1]
Indoor and outdoor recreational facilities.
[2]
Physical therapy facilities.
[3]
Entertainment facilities.
[4]
Libraries.
[5]
Food preparation facilities.
[6]
Dining facilities.
[7]
Linen service facilities.
[8]
Nursing services.
[9]
Housekeeping services.
[10]
Health care facilities and services, including nursing beds,
security facilities, administrative offices, storage facilities, chapels,
facilities for the temporary lodging of guests and limited service
facilities.
[11]
Medical day care/social day care (adult day services).
[12]
Personal care centers (haircutting, shampooing, personal grooming,
etc.).
(f)
Parking facilities for the residents, employees and visitors
of the assisted care facility shall be provided based on a total of
the following:
[1]
One (1) space per two (2) State licensed assisted living dwelling
unit. Provided however, that the applicant shall be allowed to provide,
at the time of initial construction, one (1) parking space for every
three (3) dwelling units, but reserve an adequate area for future
construction of the additional required parking space should the actual
operating experience demonstrate that the amount of parking initially
provided is insufficient.
[2]
One (1) space per day-shift employee.
[3]
One (1) space per ten (10) independent living units for visitor
parking.
[4]
Where fractional spaces result in the calculation of the requirements,
the required number shall be construed to be the nearest whole number.
(g)
Any health care facility shall be licensed by and/or meet all
applicable standards of Federal, State and county regulatory agencies.
(h)
Minimum residential floor area. The requirements contained in
this section are designed to promote and protect the public health,
to prevent overcrowded living conditions, to guard against the development
of substandard neighborhoods, to conserve established property values
and to contribute to the general welfare.
[Amended 6-2-97 by Ord. No. 1997-14 § 2; 8-4-97 by Ord. No. 1997-15 § 2; 8-17-98 by Ord. No. 1998-13 §§ 5—6; 10-5-98 by Ord. No. 199-22 § 5]
The following regulations apply in the C-PHD Zone.
A.
Permitted Uses.
(1)
Hotels and motels.
(2)
Retail trade and service establishments, including the sale of groceries,
baked goods, fishing supplies, gifts, apparel, antiques, housewares,
and appliances, barber and beauty shops, laundries and such other
similar uses.
(3)
Business and professional offices.
(4)
Funeral homes.
(5)
Restaurants and take out restaurants.
(6)
Fast food restaurants, subject to the design standards listed in this Code pursuant to § 55-190.
(7)
Automotive filling stations.
(8)
Sales establishments for automobiles, trucks, vehicle campers, boats,
boat trailers and other equipment, provided that repair and body work
is clearly incidental to the principal use and is carried out entirely
within the building; and auto laundries.
(9)
Sales establishment for lumber and other building materials and related
equipment and apparatus.
(10)
Animal hospitals.
(11)
Product assembly.
(12)
Product packaging.
(13)
Vehicle body shops, body repairs and painting.
(14)
Municipal offices and fire and rescue stations.
(15)
Public schools and colleges.
(16)
Day nurseries.
(17)
Parks and preserves.
(18)
Libraries and museums.
(19)
Hospitals, clinics, convalescent homes and nursing homes.
(20)
Places of worship, including parish and educational buildings.
(21)
Nonprofit civic, social and fraternal organizations.
(22)
Recreational clubs, including swimming and tennis clubs.
(23)
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems for the furnishing of adequate service by such utility or
agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
(24)
Roadside stands for the retail sale of garden produce, similar
goods and related supplies and products.
(25)
Detached single-family dwelling for residential purposes together
with its accessory uses. The area and bulk regulations for single-family
residential dwellings in the R-10 Residential Zone shall apply.
(26)
Warehousing.
(27)
Distribution centers—including wholesale outlets.
(28)
Garden center.
(29)
Transportation equipment storage/parking facility.
(30)
Nursing homes.
(31)
Bed and breakfast inns and tourist homes: Owner-occupied dwellings
providing overnight guest accommodations and prepared meals to transients
for compensation. A bed and breakfast inn shall contain no more than
ten (10) guest rooms; provide a minimum of two (2) off-street, on-site
parking spaces plus one (1) space per guest room; restrict the duration
of the stay of patrons to a maximum of fourteen (14) consecutive nights;
and restrict the service of meals to overnight guests. Individual
kitchen facilities or kitchenettes in the guest rooms shall be prohibited.
[Amended 2-16-99 by Ord. No. 1999-4]
(32)
Ambulance dispatch service.
(33)
Commercial recreations establishments, including bowling alleys
and theaters.
(34)
Auctions—excluding permanent flea markets.
(35)
Light manufacturing.
(36)
Car wash.
(37)
Light machinery service and assembly.
(a)
The fabrication, assembly or processing of goods or materials
or the storage of bulk goods and materials where such activities or
materials create no significant hazard from fire or explosion or produce
no toxic or corrosive fumes, gas smoke, obnoxious dust or vapor, offensive
noise or vibration, glare, flashes or objectionable effluent (discharges).
(b)
Size is limited by existing zoning (building foot print) to
fifty percent (50%) of available land and to two-story structures.
(38)
Automotive
repair garages.
(39)
Convenience
stores.
B.
Accessory and Temporary Uses.
(1)
One (1) accessory apartment in a permitted establishment, such apartments
to be no less than seven hundred (700) square feet in area.
(2)
Temporary on-site construction trailers for which permits may be
issued for periods up to one (1) year, subject to renewal.
(3)
Signs as provided for in this chapter.
(4)
Off-street parking as provided for in this chapter.
(5)
Storage sheds, provided that they do not exceed a total area of one
hundred eighty (180) square feet.
C.
Conditional Uses. The following uses shall be permitted in the C-PHD
Zone, subject to the issuance of a conditional use permit in accordance
with the provision of this chapter.
(1)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(2)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(3)
Public utility uses, such as water towers, electric substations,
radio towers and transmission lines, which must be provided above
ground.
(4)
[Deleted 8-17-98 by Ord. No. 1998-13 § 6]
(5)
Commercial indoor recreation establishments, including bowling alleys
and theaters.
(6)
Contractor yards.
(7)
Storage yards.
(8)
State licensed boarding homes.
(9)
Assisted living facilities, nursing and convalescent homes and long-term
care facilities may be permitted in those zoning districts specified,
subject to the issuance of a conditional use permit and adherence
to the minimum requirements of the particular zone and the following
standards:
(a)
A statement shall be submitted with the application setting
forth the full particulars regarding the use, activities and buildings.
(b)
The site shall have frontage on and have primary direct access
to and from a county road or a New Jersey State Highway or a Barnegat
Township improved road.
(c)
Minimum requirements shall be as follows:
[1]
Minimum area, yard and building requirements.
[c]
Accessory building requirements. Accessory building
requirements shall be the same as those established for the particular
zoning district within which the facility is located.
[d]
Maximum building coverage (combined coverage of
all principal accessory buildings) shall be twenty percent (20%).
[2]
Maximum principal building height: thirty-five (35) feet, provided, however, that the height of a structure, or portion thereof, may exceed the maximum as otherwise permitted in § 55-129, provided that the front, rear and side yard requirements set forth above shall be increased by one (1) foot for each foot by which the height of the structure, or part thereof, exceeds the permitted maximum height; and further provided that in no case shall any proposed structure, or part thereof, exceed three (3) usable floors (stories) and fifty (50) feet in height.
[3]
Maximum accessory building height: thirty-five (35) feet.
(d)
All support facilities, functions and services shall be intended
for the use and benefit of the resident users of the facility and
their guests.
[Amended 6-2-97 by Ord. No. 1997-14 § 2; 8-4-97 by Ord. No. 1997-15 § 2]
A.
Permitted Uses.
(1)
Detached single-family dwellings for residential purposes, together
with their accessory structures. The single-family dwellings shall
conform to the following minimum building requirements:
[Amended 11-3-03 by Ord. No. 2003-41]
|
Front yard setback: 30 ft.
|
|
Side yard setback (one side): 10 ft.
|
|
Side yard setback (both sides): 20 ft.
|
|
Rear yard setback: 30 ft.
|
|
Maximum percentage of lot coverage by building: 30%
|
|
Maximum building height: 2.5 stories/35 ft.
|
|
Accessory building side yard setback: 5 ft.
|
|
Accessory building rear yard setback: 5 ft.
|
(2)
Bed and breakfast inns and tourist homes: Owner-occupied dwellings
providing overnight guest accommodations and prepared meals to transients
for compensation. A bed and breakfast inn shall contain no more than
ten (10) guest rooms; provide a minimum of two (2) off-street, on-site
parking spaces plus one (1) space per guest room; restrict the duration
of the stay of patrons to a maximum of fourteen (14) consecutive nights;
and restrict the service of meals to overnight guests. Individual
kitchen facilities or kitchenettes in the guest rooms shall be prohibited.
[Amended 2-16-99 by Ord. No. 1999-4]
(3)
Retail trade and service establishments, including the sale of groceries,
baked goods, fishing supplies, gifts, apparel, antiques, housewares,
and appliances, barber and beauty shops, laundries and such other
similar uses.
(4)
Business and professional offices.
(5)
Funeral homes.
(6)
Restaurants.
(7)
Animal hospitals.
(8)
Municipal offices and fire and rescue stations.
(9)
Public schools and colleges.
(10)
Day nurseries.
(11)
Parks and preserves.
(12)
Libraries and museums.
(13)
Clinics and convalescent homes.
(14)
Places of worship, including parish and educational buildings.
(15)
Nonprofit civic, social and fraternal organizations.
(16)
Recreational clubs, including swimming and tennis clubs.
(17)
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems for the furnishing of adequate service by such utility or
agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
(18)
Roadside stands for the retail sale of garden produce, similar
goods and related supplies and products.
(19)
Commercial art studio, including product assembly.
(20)
Auctions—excluding flea markets.
(21)
Nursing homes.
B.
Accessory and Temporary Uses.
(1)
One (1) accessory apartment in a permitted establishment, such apartments
to be no less than seven hundred (700) square feet in area.
(2)
Temporary on-site construction trailers for which permits may be
issued for periods up to one (1) year, subject to renewal.
(3)
Signs as provided for in this chapter.
(4)
Off-street parking as provided for in this chapter.
(5)
Private residential swimming pools, provided that such use shall
only be permitted as part of a detached single-family dwelling and
that the pools are enclosed with safety fences of not less than four
(4) feet in height.
(6)
Storage sheds provided that they do not exceed a total area of one
hundred eighty (180) square feet.
(7)
A private residential tennis court on a lot not less than one (1)
acre.
C.
Architectural Standards. All permitted uses herein specified shall
continue to encourage the present colonial/historical architectural
theme of the Village Commercial Zone in the design and construction
of the exterior elevations of all future development proposals.
D.
Conditional Uses. The following uses shall be permitted in the C-V
Zone subject to issuance of a conditional use permit in conformance
with the provisions of this chapter.
(1)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(2)
[Deleted 8-5-96 by Ord. No. 1996-28 § 2]
(3)
Public utility uses, such as water towers, electric substations,
radio towers and transmission lines, which must be provided above
ground.
(4)
Commercial recreation establishments including bowling alleys and
theaters.
[Amended 6-2-97 by Ord. No. 1997-14 § 2; 8-4-97 by Ord. No. 1997-15 § 2; deleted 8-4-97 by Ord. No.
1997-29 § 2]
[Added 2-2-98 by Ord. No. 1998-1 § 2]
The following regulations apply in the ML-1 Zone.
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes and townhouse
units at a maximum of six (6) units per building, together with accessory
structures in accordance with the affordable housing requirements
of this section.
[Amended 6-6-05 by Ord. No. 2005-37]
(2)
Municipal offices and fire and rescue stations.
(3)
Parks and preserves.
(4)
Libraries and museums.
(5)
Places of worship, including parish and educational buildings.
(6)
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems necessary for the furnishing of adequate service by such utility
or agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
(7)
Garden apartments, together with accessory structures in accordance
with the provisions of this chapter.
[Added 6-6-05 by Ord. No. 2005-37]
C.
Conditional Uses. The following uses shall be permitted in the ML-1
Zone, subject to issuance of a conditional use permit in conformance
with the provisions of this chapter:
(1)
Same as those permitted in the R-20 Zone.
D.
Affordable Housing Requirements.
(1)
All residential development within the ML-1 Zone requiring major
subdivision or major site plan approval shall meet these affordable
housing requirements.
(2)
The mix of detached single-family dwellings, townhouse units and
garden apartments shall not exceed a density of 3.05 units per acre.
[Amended 6-6-05 by Ord. No. 2005-37]
(3)
The units shall be developed in accordance with the Regulations for
Inclusionary Developments included in this chapter.
(4)
A minimum of twenty percent (20%) of the units within the development
shall be set aside for low and moderate income households.
[Amended 6-6-05 by Ord. No. 2005-37]
(5)
The unit mix of single-family residential detached, townhouses, and
garden apartments shall be as follows:
[Added 6-6-05 by Ord. No. 2005-37; amended 10-16-06 by Ord. No. 2006-22]
E.
Area, Yard, and Building Requirements.
[Amended 6-6-05 by Ord. No. 2005-37; 10-16-06 by Ord. No. 2006-22]
(1)
Area, yard and building requirements:
(a)
Single Family Detached Units. The minimum area, yard, and building
requirements for single-family detached units are shown on the Schedule
of Area, Yard and Building Requirements included in this chapter.
(b)
Townhouse and Garden Apartments—bulk criteria for the
ML-1 Zone.
[1]
Townhouse bulk criteria:
|
Minimum Lot Area:
|
2,400 square feet
|
|
Minimum Lot Width:
|
24 feet
|
|
Minimum Lot Depth:
|
100 feet
|
|
Minimum Front Yard Setback:
|
20 feet
|
|
Minimum Rear Yard Setback:
|
10 feet
|
|
Minimum Side Yard Setback:
|
0 feet
|
|
Maximum Building Coverage:
|
60%
|
|
Maximum Building Height:
|
35 feet
|
|
Minimum Footage:
|
24 feet
|
[2]
Garden Apartment bulk criteria:
|
Minimum Building Setback:
|
50 feet
|
|
Minimum Building to Building:
|
50 feet
|
|
Minimum Front Yard Setback:
|
50 feet
|
|
Minimum Rear Yard Setback:
|
50 feet
|
|
Minimum Side Yard Setback:
|
25 feet
|
|
Minimum Building Setback from adjoining lands zoned for single-family
residential:
|
50 feet
|
|
Maximum Units/Building:
|
8 units
|
|
Active Recreation:
|
250 square feet per dwelling
|
|
Tract Size
|
5 acres
|
(2)
Area and yard requirements—Garden apartments.
(a)
Any areas of existing streets or water exceeding two percent
(2%) of the total tract area shall not be considered in the calculation
of the five (5) acres minimum tract size.
(b)
The minimum setback from the tract perimeter shall be fifty
(50) feet. The setback shall be increased to seventy-five (75) feet
along all property lines abutting lands zoned for single-family detached
uses. The Planning Board shall have the discretion to reduce the setback
from the minimum tract perimeter as a design waiver where appropriate.
(c)
Landscape buffers shall be provided in accordance with requirements
for buffers included in this chapter. Buffers shall be included as
part of the perimeter setback in this zone.
(d)
Minimum building yard areas shall be measured horizontally in
feet, and shall be measured away from the front, side and rear of
each building. The total minimum distance between buildings shall
be fifty (50) feet. The minimum yards shall be fifty (50) feet for
the front yards, twenty-five (25) feet for side yards and fifty (50)
feet for rear yards. No building as measured radially from any corner
shall be closer to any distances of the side yard requirements for
each building. The required fifty (50) foot distance between buildings
shall exclude any driveways or vehicular access, such driveways or
vehicular access width being in addition to the building separation
requirement.
(e)
No structure shall be more than four (4) dwelling units in any
unbroken building line. A setback of not less than four (4) feet shall
be deemed a satisfactory break in the building line.
(f)
All residential buildings shall be designed and constructed
with a soundproofing barrier between adjoining units with a sound
transmission Class 50 as tested by the American Society for Testing
and Materials, E-90. Floor plans of a typical unit shall be required.
Any room other than kitchen, bathroom, closet, or combined living-dining
room shall be counted as a bedroom for purposes hereof.
(g)
Land and area equal to at least two hundred fifty (250) square
feet for each dwelling unit shall be specified on the site plan and
improved by the developer as active recreation areas for use by the
residents of the development. Such areas shall be an integral part
of the development, and shall be at least ten thousand (10,000) square
feet in size, at least seventy-five (75) feet wide and have a grade
less than five percent (5%).
(h)
All portions of the tract not utilized by buildings or paved
surfaces shall be landscaped, utilizing combinations such as landscaped
fencing, shrubbery, planting or conifers and/or deciduous trees native
to the area in order to lessen the visual impact of the structures
and paved areas. The established grades on any site shall be planned
for both aesthetic and drainage purposes. The grading plan, drainage
facilities and landscaping shall be coordinated to prevent erosion
and silting as well as assuring that the capacity of any natural or
man-made drainage system is sufficient to handle the water generated
and anticipated both from the site and contributing upstream areas.
[Added 2-2-98 by Ord. No. 1998-1 § 2]
The following regulations apply in the ML-2 Zone.
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes, together
with its accessory structures in accordance with the affordable housing
requirements of this section.
(2)
Municipal offices and fire and rescue stations.
(3)
Parks and preserves.
(4)
Libraries and museums.
(5)
Places of worship, including parish and educational buildings.
(6)
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems necessary for the furnishing of adequate service by such utility
or agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
C.
Conditional Uses. The following uses shall be permitted in the ML-2
Zone, subject to issuance of a conditional use permit in conformance
with the provisions of this chapter:
(1)
Same as those permitted in the R-20 Zone.
D.
Affordable Housing Requirements.
(1)
All residential development within the ML-2 Zone requiring major
subdivision or major site plan approval shall meet these affordable
housing requirements.
(2)
Detached single-family dwellings shall not exceed a density of three
(3) units per acre.
(3)
The units shall be developed in accordance with the Regulations for
Inclusionary Developments included in this chapter.
(4)
A minimum of ten percent (10%) of the units within the development
shall be set aside for low and moderate income households.
[Added 2-2-98 by Ord. No. 1998-1 § 2]
The following regulations apply in the ML-3 Zone.
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes, together
with its accessory structures in accordance with the affordable housing
requirements of this section.
(2)
Municipal offices and fire and rescue stations.
(3)
Parks and preserves.
(4)
Libraries and museums.
(5)
Places of worship, including parish and educational buildings.
(6)
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems necessary for the furnishing of adequate service by such utility
or agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
C.
Conditional Uses. The following uses shall be permitted in the ML-3
Zone, subject to issuance of a conditional use permit in conformance
with the provisions of this chapter:
(1)
Same as those permitted in the R-20 Zone.
D.
Affordable Housing Requirements.
(1)
All residential development within the ML-3 Zone requiring major
subdivision or major site plan approval shall meet these affordable
housing requirements.
(2)
Detached single-family dwellings shall not exceed a density of four
(4) units per acre.
(3)
The units shall be developed in accordance with the Regulations for
Inclusionary Developments included in this chapter.
(4)
A minimum of fifteen percent (15%) of the units within the development
shall be set aside for low and moderate income households.
[Added 2-2-98 by Ord. No. 1998-1 § 2]
The following regulations apply in the ML-4 Zone.
A.
Permitted Uses.
(1)
Garden apartments, together with accessory structures in accordance
with the provision of this chapter.
(2)
Parks and preserves.
(3)
The erection, construction, alteration or maintenance by the public
utility or municipal agency of underground distribution or collection
systems necessary for the furnishing of adequate service by such utility
or agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
(4)
Municipal offices and fire rescue stations.
D.
Affordable Housing Requirements.
(1)
All residential development within the ML-4 Zone requiring major
subdivision or major site plan approval shall meet these affordable
housing requirements.
(2)
Garden apartments shall not exceed a density of eight (8) units per
acre.
(3)
The units shall be developed in accordance with the Regulations for
Inclusionary Developments included in this chapter.
(4)
A minimum of fifteen percent (15%) of the units within the development
shall be set aside for low and moderate income households.
E.
Garden Apartment General Standards.
(1)
Maximum building height. No building shall exceed thirty-five (35)
feet in height or two and five-tenths (2.5) stories.
(2)
Area and yard requirements.
(a)
The minimum tract size shall be five (5) acres, including the
areas of existing street and water areas within the tract boundary
lines, provided that they total no more than two percent (2%) the
tract area. All plans shall delineate the boundaries of portion(s)
of the tract devoted to each use.
(b)
The minimum building setback from the tract perimeter shall
be fifty (50) feet. The setback shall be increased to seventy-five
(75) feet along all property lines abutting lands zoned for single-family
detached uses.
(c)
Landscape buffers shall be provided in accordance with requirements
for Buffers included in this chapter. Buffers shall be included as
part of the perimeter setback in this zone.
(d)
Minimum building yard areas shall be measured horizontally in
feet and shall be measured away from the front, side and rear of each
building. The total minimum distance between buildings shall be the
sum of the two (2) abutting yard areas. The minimum yards shall be
forty (40) feet for front yards, twenty-five (25) feet for side yards
and fifty (50) feet for rear yards. No building as measured radially
from any corner shall be closer to any other building corner than
the combined distances of the side yard requirements for each building.
The combined distance of two (2) side yards shall exclude any driveway
or vehicular access, such driveway or vehicular access width being
in addition to the combined side yard width.
(e)
No structure shall be more than four (4) dwelling units in any
unbroken building line. A setback of not less than four (4) feet shall
be deemed a satisfactory break in the building line.
(f)
All residential buildings shall be designed and constructed
with a soundproofing barrier between adjoining units with a sound
transmission Class 50 as tested by the American Society for Testing
and Materials, E-90. Floor plans of a typical unit shall be required.
Any room other than kitchen, bathroom, closet or combined living-dining
room shall be counted as a bedroom for purposes hereof.
(g)
Land area equal to at least two hundred fifty (250) square feet
for each dwelling unit shall be specified on the site plan and improved
by the developer as active recreation areas for use by the residents
of the development. Such areas shall be an integral part of the development,
and each shall be at least ten thousand (10,000) square feet in size,
at least seventy-five (75) feet wide and have a grade less than five
percent (5%).
(h)
All portions of the tract not utilized by buildings or paved
surfaces shall be landscaped, utilizing combinations such as landscaped
fencing, shrubbery, lawn area, ground cover, rock formations, contours,
existing foliage and the planting of conifers and/or deciduous trees
native to the area in order to either maintain or reestablish the
tone of the vegetation in the area and lessen the visual impact of
the structures and paved areas. The established grades on any site
shall be planned for both aesthetic and drainage purposes. The grading
plan, drainage facilities and landscaping shall be coordinated to
prevent erosion and silting as well as assuring that the capacity
of any natural or man-made drainage system is sufficient to handle
the water generated and anticipated both from the site and contributing
upstream areas.
(4)
Plan review shall be required by the appropriate municipal agency
for all garden apartments. All submissions, review procedures, development
review fees, site plan regulations, permits and approvals, design
and performance standards, zoning district regulations and compliance
shall conform to the provisions as set forth in this chapter.
F.
Apartments.
(1)
Within the ML-4 Zone, no dwelling containing apartments shall take
place unless the following minimum standards are met in addition to
the other requirements of this chapter.
(2)
Each dwelling unit and combined complex of dwelling units shall have
a compatible architectural theme with variations in design to provide
attractiveness to the development, and which shall include consideration
of landscaping techniques, building orientation to the site and to
other structures, topography, natural features and individual dwelling
unit design, such as varying unit width, staggering unit setbacks,
providing different exterior materials, changing rooflines and roof
designs, altering building heights and changing types of windows,
shutters, doors, porches, colors and vertical or horizontal orientation
of the facades, singularly or in combination for each dwelling unit.
The number of dwelling units in one (1) building shall not exceed
sixteen (16).
(3)
All dwelling units shall be connected to approved and functioning
public water and sanitary sewer systems prior to the issuance of a
certificate of occupancy.
(4)
All parking facilities shall be on the same site as the building
and located within one hundred fifty (150) feet of the nearest entrance
of the building they are intended to serve. Parking spaces shall be
provided in areas designed specifically for parking, and there shall
be no parking along interior streets. The total area devoted to parking
shall not exceed twenty percent (20%) of the tract, and the total
aggregate area devoted to both parking and interior streets shall
not exceed thirty percent (30%) of the tract.
(5)
Apartment buildings may consist of any configuration that meets the
prescribed area and yard requirements and does not exceed the following
overall or component building lengths. Building coverage shall not
exceed twenty percent (20%) of the tract area.
 |
|
a = 200 feet on one plane
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b = 340 feet on any angle
|
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c = 500 feet along the center line
|
|
Buildings measured along the center line shall provide one (1)
opening at ground level at least every two hundred fifty (250) feet.
This opening shall be a minimum of fifteen (15) feet in clear width
and height and shall be at an elevation enabling emergency-vehicle
access through the opening.
|
(6)
No portion of any dwelling unit shall be a basement.
(7)
Each dwelling unit shall have two (2) separate means of egress to
the ground, except that any windowsill which is twelve (12) feet or
less above the ground level below it shall be considered a separate
means of egress.
(8)
In addition to any storage area contained inside individual dwelling
units, there shall be provided for each dwelling unit two hundred
(200) cubic feet of storage area in a convenient, centrally located
area in the basement or ground floor of the dwelling structure, where
personal belongings and effects may be stored without constituting
a fire hazard and where said belongings and effects may be kept locked
and separated from the belongings of other occupants.
(9)
No outside area or equipment shall be provided for the hanging of
laundry or the outside airing of laundry in any manner. Sufficient
area and equipment shall be made available within each dwelling unit
for the laundering and artificial drying of laundry of occupants of
each dwelling unit.
(10)
Each apartment building shall contain a single master television
antenna system which shall serve all dwelling units within the building,
and there shall be no additional exterior television or radio equipment
permitted.
(11)
All streets, both internal and external (including grading and
paving), driveways, parking areas, sidewalks, curbs, gutters, streetlighting,
shade trees, water mains, water systems, culverts, storm sewers, sanitary
sewers, pumping stations, drainage structures and such other improvements
as may be found to be necessary for the health, safety and welfare
of the public and in the public interest, including recreational facilities,
shall be installed at the expense of the developer and shall be completed
to the satisfaction of the Township Engineer before a certificate
of occupancy may be issued. In lieu of total completion of landscaping
improvements only, an adequate performance bond properly guaranteeing
the completion may be accepted. Such bond value will be set at the
time of posting and will be held by the Clerk of Barnegat Township,
after approval by the Township Attorney as to form and surety, for
a period of no more than one (1) year, during which time said landscaping
improvements shall be completed. This subsection shall not be construed
as relieving the developer of the performance bond requirements in
accordance with this chapter.
[Added 6-7-04 by Ord. No. 2004-27 § 2; amended 8-2-04 by Ord. No.
2004-40 § 2]
Zone Boundaries. The following properties will be included in
the ML-5 Multifamily-Residential Zone: Block 146.01, Lots 6.03, 6.04,
6.05, and 6.06 as depicted on the Tax Map of Township of Barnegat.
The following regulations apply in the ML-5 Zone.
A.
Permitted Uses.
(1)
Garden apartments and apartments, together with accessory structures
in accordance with the provisions of this chapter.
(2)
Parks and preserves.
(3)
The erection, construction, alteration or maintenance by the public
utility or municipal agency of underground distribution or collection
systems necessary for the furnishing of adequate service by such utility
agency to be used on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
(4)
Municipal offices and fire rescue stations.
C.
Conditional Uses.
(1)
All permitted and conditional uses in the C-PHD ("Planned Highway
Development Commercial") Zone provided they conform to the Schedule
of Area, Yard and Building Requirements applicable to the C-PHD Zone
and subject to issuance of a conditional use permit in conformance
with the provisions of this chapter.
D.
Affordable Housing Requirements.
(1)
All residential development within the ML-5 Zone requiring major
subdivision or major site plan approval shall meet these affordable
housing requirements.
(2)
Garden apartments and apartments shall not exceed a density of twelve
(12) units per acre.
(4)
One hundred percent (100%) of the units within the development shall
be set aside for low and moderate income households.
E.
Garden Apartment General Standards.
(1)
Maximum building height. No building shall exceed forty (40) feet
in height or three (3) stories.
(2)
Area and yard requirements.
(a)
The minimum tract size shall be four (4) acres, including the
areas of existing street and water areas within the tract boundary
lines.
(b)
The minimum building setback from the tract perimeter shall
be twenty (20) feet along all property lines not abutting lands zoned
for single-family detached uses. The setback shall be increased to
seventy-five (75) feet along all property lines abutting lands zoned
for single family detached uses.
(c)
Minimum building yard areas shall be measured horizontally in
feet and shall be measured away from the front, side and rear of each
building. The total minimum distances between buildings shall be the
sum of the two (2) abutting yard areas. The minimum yards shall be
thirty (30) feet for front yards, twenty (20) feet for side yards
and twenty (20) feet for rear yards. No building as measured radially
from any corner shall be closer to any other building corner than
the combined distances of the side yard requirements for each building.
The combined distance of two (2) side yards shall exclude any driveway
or vehicular access such driveway or vehicular access width being
in addition to the combined side yard width.
(d)
All residential buildings shall be designed and constructed
with a soundproofing barrier between adjoining units with a sound
transmission Class 50 as tested by the American Society for Testing
and Materials, E-90. Floor plans of a typical unit shall be required.
Any room other than kitchen, bathroom, closet or combined living-dining
room shall be counted as a bedroom for purposes hereof.
(e)
All portions of the tract not utilized by buildings, or paved
surfaces shall be landscaped, utilizing combinations such as landscaped
fencing, shrubbery, lawn area, ground cover, rock formations, contours,
existing foliage and the planting of conifers and/or deciduous trees
native to the area in order to either maintain or reestablish the
tone of the vegetation in the area and lessen the visual impact of
the structures and paved areas. The established grades on any site
shall be planned for both aesthetic and drainage purposes. The grading
plan, drainage facilities and landscaping shall be coordinated to
prevent erosion and silting as well as assuring that the capacity
of any natural or man-made drainage system is sufficient to handle
the water generated and anticipated both from the site and contributing
upstream areas.
(4)
Plan review shall be required by the appropriate municipal agency
for all garden apartments. All submissions, review procedures, development
review fees, site plan regulations, permits and approvals, design
and performance standards, zoning district, regulations and compliance
shall conform to the provisions as set forth in this chapter.
F.
Apartments.
(1)
Within the ML-5 Zone, no dwelling containing apartments shall take
place unless the following minimum standards are met in addition to
the other requirements of this chapter.
(2)
Each dwelling unit and combined complex of dwelling units shall have
a compatible architectural theme with variations in design to provide
attractiveness to the development, and which shall include consideration
of landscaping techniques, building orientation to the site and to
other structures, topography, natural features and individual dwelling
unit design, such as varying unit width, staggering unit setbacks,
providing different exterior materials, changing rooflines and roof
designs, altering building heights and changing types of windows,
shutters, doors, porches, colors and vertical or horizontal orientation
of the facades, singularly or in combination for each dwelling unit.
The number of dwelling units in one (1) building shall not exceed
twenty (20).
(3)
All dwelling units shall be connected to approved and functioning
public water and sanitary sewer systems prior to the issuance of a
certificate of occupancy.
(4)
All parking facilities shall be on the same site as the building
and located within one hundred fifty (150) feet of the nearest entrance
of the building they are intended to serve. Parking spaces shall be
provided in areas designed specifically for parking, and there shall
be no parking along interior streets. The total aggregate area devoted
to both parking and interior street shall not exceed thirty percent
(30%) of the tract.
(5)
Apartment buildings may consist of any configuration that meets the
prescribed area and yard requirements and does not exceed the following
overall of component building lengths. Building coverage shall not
exceed twenty percent (20%) of the tract area.
a = 200 feet on one (1) plane
b = 340 feet on any single
c = 500 feet along the center line
Buildings measured along the center line shall provide one (1)
opening at ground level at least every two hundred fifty (250) feet.
This opening shall be a minimum of fifteen (15) feet in clear width
and height and shall be at an elevation enabling emergency-vehicle
access through the opening.
(6)
No portion of any dwelling unit shall be a basement.
(7)
In addition to any storage area continued inside individual dwelling
units, there shall be provided for each dwelling unit two hundred
(200) cubic feet of storage area in a convenient, centrally located
area where personal belongings and effects may be stored without constituting
a fire hazard and where said belongings and effects may be kept locked
and separated from the belongings of other occupants.
(8)
No outside area or equipment shall be provided for the hanging of
laundry or the outside airing of laundry in any manner. Sufficient
area and equipment shall be made available for the laundering and
artificial drying of laundry of occupants of each dwelling unit.
(9)
Each apartment building shall contain either individual cable TV
connections or a single master television antenna system which shall
serve all dwelling units within the building, and there shall be no
additional exterior television or radio equipment permitted.
(10)
All streets, both internal and external (including grading and
pacing), driveways, parking areas, sidewalks, curbs, gutters, streetlighting,
shade trees, water mains, water systems, culverts, storm sewers, sanitary
sewers, pumping stations, drainage structures and such other improvements
as may be found to be necessary for the health, safety and welfare
of the public and in the public interest, including recreational facilities,
shall be installed at the expense of the developer and shall be completed
to the satisfaction of the Township Engineer before a certificate
of occupancy may be issued. In lieu of total completion of landscaping
improvements only, an adequate performance bond properly guaranteeing
the completion may be accepted. Such bond value will be set at the
time of posting and will be held by the Clerk of Barnegat Township,
after approval by the Township Attorney as to form and surety for
a period of no more than one (1) year, during which time said landscaping
improvements shall be completed. This subsection shall not be construed
as relieving the developer of the performance bond requirements in
accordance with this chapter.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
The Governing Body of Barnegat Township finds that riparian
lands adjacent to streams, lakes, or other surface water bodies that
are adequately vegetated provide an important environmental protection
and water resource management benefit. It is necessary to protect
and maintain the beneficial character of riparian areas by implementing
specifications for the establishment, protection, and maintenance
of vegetation along the surface water bodies within the jurisdiction
of Barnegat Township, consistent with the interest of landowners in
making reasonable economic use of parcels of land that include such
designated areas. As riparian areas within the portion of the Township
located within the Pinelands Area already maintain adequate protections
under the Pinelands Comprehensive Management Plan (N.J.S.A. 13:18A-1),
the purpose of this ordinance is to designate riparian zones, and
to provide for land use regulation therein in order to protect the
streams, lakes, and other surface water bodies within the portion
of Barnegat Township located outside of the Pinelands Area. Additionally,
with respect to the portion of the Township located outside of the
Pinelands Area, the purpose of this ordinance is to protect the water
quality of watercourses, reservoirs, lakes, and other significant
water resources; to protect the riparian and aquatic ecosystems; to
provide for the environmentally sound use of the land resources, and
to complement existing State, regional, county and municipal stream
corridor protection and management regulations and initiatives.
The specific purposes and intent of this ordinance are to:
A.
Restore and maintain the chemical, physical, and biological integrity
of water resources;
B.
Prevent excessive nutrients, sediment, and organic matter, as well
as biocides and other pollutants, from reaching surface waters by
optimizing opportunities for filtration, deposition, absorption, adsorption,
plant uptake, biodegradation, and denitrification, which occur when
stormwater runoff is conveyed through vegetated buffers as stable,
distributed flow prior to reaching receiving waters;
C.
Provide for shading of the aquatic environment so as to moderate
temperatures, retain more dissolved oxygen, and support a healthy
assemblage of aquatic flora and fauna;
D.
Provide for the availability of natural organic matter (leaves and
twigs) and large woody debris (trees and limbs) that provide food
and habitat for aquatic organisms (insects, amphibians, crustaceans,
and small fish), which are essential to maintain the food chain;
E.
Increase stream bank stability and maintain natural fluvial geomorphology
of the stream system, thereby reducing stream bank erosion and sedimentation
and protecting habitat for aquatic organisms;
F.
Maintain base flows in streams and moisture in wetlands;
G.
Control downstream flooding; and
H.
Conserve the natural features important to land and water resources,
e.g., headwater areas, ground water recharge zones, floodways, floodplains,
springs, streams, wetlands, woodlands, and prime wildlife habitats.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
The municipality of Barnegat Township is empowered to regulate
land uses under the provisions of the New Jersey Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality
to plan and regulate land use in order to protect public health, safety
and welfare by protecting and maintaining native vegetation in riparian
areas. Barnegat Township is also empowered to adopt and implement
this section under provisions provided by the following legislative
authorities of the State of New Jersey:
A.
Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
B.
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
C.
Spill Compensation and Control Act, N.J.S.A. 58:10-23 et seq.
D.
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
E.
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
Soils that contain geologic deposits of iron sulfide minerals
(pyrite and marcasite) which, when exposed to oxygen from the air
or from surface waters, oxidize to produce sulfuric acid. Acid producing
soils, upon excavation, generally have a pH of 4.0 or lower. After
exposure to oxygen, these soils generally have a pH of 3.0 or lower.
Information regarding the location of acid producing soils in New
Jersey can be obtained from local Soil Conservation District offices.
The Planning Board or Zoning Board of Adjustment, Zoning
Officer, or Construction Office with all of the powers delegated,
assigned, or assumed by them according to statute or ordinance.
A person, corporation, government body or other legal entity
applying to the Planning Board, Zoning Board of Adjustment, Zoning
Officer or the Construction Office proposing to engage in an activity
that is regulated by the provisions of this ordinance, and that would
be located in whole or in part within a regulated Riparian Zone.
The meaning ascribed to this term by the Surface Water Quality
Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation
policies set forth in those standards, for protection from measurable
changes in water quality characteristics because of their clarity,
color, scenic setting, and other characteristics of aesthetic value,
exceptional ecological significance, exceptional recreational significance,
exceptional water supply significance, or exceptional fisheries resources.
Those waters not designated as Outstanding Natural Resource
waters or Category One waters in the Surface Water Quality Standards,
N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies
set forth in those standards.
Shall have the meaning ascribed to this term by the Flood
Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., and regulations
promulgated thereunder published at N.J.A.C. 7:13 et seq., and any
supplementary or successor legislation and regulations from time to
time enacted or promulgated.
A surface water body with definite bed and banks in which
there is not a permanent flow of water and shown on the New Jersey
Department of Environmental Protection Geographic Information System
(GIS) hydrography coverages or, in the case of a Special Water Resource
Protection Area (SWRPA) pursuant to the Stormwater Management rules
at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle
map or in the County Soil Surveys.
Any surface water body shown on the New Jersey Department
of Environmental Protection Geographic Information System (GIS) hydrography
coverages or, in the case of a Special Water Resource Protection Area
(SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys; that is an impoundment, whether naturally occurring or created
in whole or in part by the building of structures for the retention
of surface water. This excludes sedimentation control and stormwater
retention/detention basins and ponds designed for treatment of wastewater.
A surface water body that flows continuously throughout the
year in most years and shown on the New Jersey Department of Environmental
Protection Geographic Information System (GIS) hydrography coverages
or, in the case of a Special Water Resource Protection Area (SWRPA)
pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the County Soil
Surveys.
The land and vegetation within and directly adjacent to all
surface water bodies including, but not limited to lakes, ponds, reservoirs,
perennial and intermittent streams, up to and including their point
of origin, such as seeps and springs, as shown on the New Jersey Department
of Environmental Protection's GIS hydrography coverages or, in the
case of a Special Water Resource Protection Area (SWRPA) pursuant
to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters
as shown on the USGS quadrangle map or in the County Soil Surveys.
There is no riparian zone along the Atlantic Ocean nor along any man-made
lagoon or oceanfront barrier island, spit or peninsula.
A plan approved by the Planning or Zoning Board Engineer
or Barnegat Township Engineer. The plan shall be prepared by a landscape
architect, professional engineer or other qualified professional,
and shall evaluate the effects of any proposed activity/uses on any
riparian zone. The plan shall identify existing conditions, all proposed
activities, and all proposed management techniques, including any
measures necessary to offset disturbances to any affected riparian
zone.
A three hundred (300) foot area provided on each side of
a surface water body designated as a C1 water or tributary to a C1
water that is a perennial stream, intermittent stream, lake, pond,
or reservoir, as defined herein and shown on the USGS quadrangle map
or in the County Soil Surveys within the associated HUC 14 drainage,
pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
Any perennial stream, intermittent stream, lake, pond, or
reservoir, as defined herein. In addition, any regulated water under
the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or State
open waters identified in a Letter of Interpretation issued under
the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by
the New Jersey Department of Environmental Protection Division of
Land Use Regulation shall also be considered surface water bodies.
A species identified pursuant to the Endangered and Nongame
Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered
Species Act of 1973, 16 U.S.C. §§ 1531 et seq. or the
Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent
amendments thereto.
A section of water designated as trout maintenance in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
A section of water identified as trout production in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
A.
Riparian zones adjacent to surface water bodies shall be protected
from avoidable disturbance and shall be delineated as follows:
(1)
The riparian zone shall be three hundred (300) feet wide along
both sides of any Category One water (C1 water), and all upstream
tributaries situated within the same HUC 14 watershed. This includes
Special Water Resource Protection Areas or SWRPAs as identified herein
and shown on the USGS quadrangle map or in the County Soil Surveys
within the associated HUC 14 drainage, pursuant to the Stormwater
Management rules at N.J.A.C. 7:8-5.5(h). The Riparian Zone Map depicts
the only existing HUC 14 in Barnegat Township, which is located within
the eastern portion of the Township.
(2)
The riparian zone shall be one hundred fifty (150) feet wide
along both sides of the following waters not designated as C1 waters:
(a)
Any trout production water and all upstream waters (including
tributaries);
(b)
Any trout maintenance water and all upstream waters (including
tributaries) within one (1) linear mile as measured along the length
of the surface water body;
(c)
Any segment of a water flowing through an area that contains
documented habitat for a threatened or endangered species of plant
or animal, which is critically dependent on the surface water body
for survival, and all upstream waters (including tributaries) within
one (1) linear mile as measured along the length of the surface water
body; and
(d)
Any segment of a surface water body flowing through an area
that contains acid producing soils.
(3)
For all other surface water bodies, a riparian zone of fifty
(50) feet wide shall be maintained along both sides of the water.
B.
The portion of the riparian zone that lies outside of a surface water
body is measured landward from the top of bank. If a discernible bank
is not present along a surface water body, the portion of the riparian
zone outside the surface water body is measured landward as follows:
(1)
Along a linear fluvial or tidal water, such as a stream or swale,
the riparian zone is measured landward of the feature's center line;
(2)
Along a nonlinear fluvial water, such as a lake or pond, the
riparian zone is measured landward of the normal water surface limit;
(3)
Along a nonlinear tidal water, such as a bay or inlet, the riparian
zone is measured landward of the mean high water line; and
(4)
Along an amorphously-shaped feature such as a wetland complex,
through which water flows but which lacks a definable channel, the
riparian zone is measured landward of the feature's center line.
Where slopes (in excess of twenty percent (20%) are located
within the designated widths, the riparian zone shall be extended
to include the entire distance of this sloped area to a maximum of
three hundred (300) feet.
C.
A riparian zone is an overlay to the existing zoning districts located
outside of the Pinelands Area. The provisions of the underlying district
shall remain in full force except where the provisions of the riparian
zone differ from the provisions of the underlying district, in which
case the provision that is more restrictive shall apply. These provisions
apply to land disturbances resulting from or related to any activity
or use requiring an application to the Planning or Zoning Board of
Adjustment for:
D.
A map of the riparian zones within the portion of Barnegat Township
outside of the Pinelands Area, including all land and water areas
within this portion of the Township, which designates surface water
bodies, is included as part of this ordinance, and is appended as
Riparian Zone Map. The Map of the municipality on which these designations
have been overlain shall be on file and maintained by the offices
of the Clerk of Barnegat Township. This map conforms to all applicable
laws, rules and regulations applicable to the creation, modification
and promulgation of zoning maps.
The Riparian Zone Map depicts the only existing HUC 14 in Barnegat
Township, which is located within the eastern portion of the Township.
A riparian zone three hundred (300) feet in width is required along
both sides of any Category One water (C1 water), and all upstream
tributaries situated within the same HUC 14 watershed. Therefore,
a 300-foot wide riparian zone exists along all of the mapped streams
depicted on the Riparian Zone Map, except for portions of water bodies
that are considered to be part of a man-made lagoon.
The 50-foot riparian zone designations indicated on the Riparian
Zone Map have been identified without a field determination as to
the presence or absence of documented habitat for threatened or endangered
species along these water bodies. Should documented habitat for threatened
or endangered species of plant or animal, which is critically dependent
upon the regulated water for survival, be identified along these watercourses
or within one (1) mile upstream of the site, then a 150-foot riparian
zone area may be required. Therefore, the applicant must demonstrate
that the water body on the subject site, and within one (1) mile upstream
of the subject site, does not contain documented habitat for threatened
or endangered species of plant or animal that are critically dependent
upon the regulated water for survival in order to retain the 50-foot
riparian zone designation. Additionally, for activities that require
approval from the New Jersey Department of Environmental Protection
(NJDEP), the final riparian zone designation that is applicable to
a site shall be determined by the NJDEP.
The 50-foot riparian zone designations depicted on the Riparian
Zone Map have been identified without a field determination as to
the presence or absence of acid producing soils along the waterways.
Should acid producing soils be identified along these watercourses
then a 150-foot riparian buffer may be required. Therefore, the applicant
must demonstrate that no acid producing soils exist along the water
body in order to retain the 50-foot riparian zone designation. Additionally,
for activities that require approval from the NJDEP with regard to
the presence or absence of acid producing soils, the final riparian
zone designation that is applicable to a site shall be determined
by the NJDEP.
E.
It shall be the duty of the Engineer of Barnegat Township, every second year after the adoption of this ordinance, to propose modifications to the map delineating riparian zones required by any naturally occurring or permitted change in the location of a defining feature of a surface water body occurring after the initial adoption of the riparian zone map, to record all modifications to the riparian zone map required by decisions or appeals under subsection 55-28.11, and by changes made by the New Jersey Department of Environmental Protection in surface water classifications or floodway delineations.
F.
The applicant or designated representative shall be responsible for
the initial determination of the presence of a riparian zone on a
site, and for identifying the area on any plan submitted to Barnegat
Township in conjunction with an application for a construction permit,
subdivision, land development, or other improvement that requires
plan submissions or permits. This initial determination shall be subject
to review and approval by the Municipal Engineer, Governing Body,
or its appointed representative, and, where required, by the New Jersey
Department of Environmental Protection.
G.
Exemptions. Instead of the riparian zone protection requirements
above, the applicant must demonstrate compliance with one of the following:
(1)
The proposed project or activity is not in the riparian zone established at subsection 55-28.4A above;
(2)
The proposed disturbance in a riparian zone is for a linear
development with no feasible alternative route. If the riparian zone
is associated with Category One waters, the linear development must
also meet the requirements for Special Water Resource Protection Areas
under the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h);
(3)
The proposed disturbance in a riparian zone is in accordance
with a stream corridor restoration or stream bank stabilization plan
or project approved by the New Jersey Department of Environmental
Protection;
(4)
The proposed disturbance of a riparian zone is necessary to
provide for public pedestrian access or water dependent recreation
that meets the requirements of the Freshwater Wetlands Protection
Act Rules, N.J.A.C. 7:7A, the Flood Hazard Area Control Act Rules,
N.J.A.C. 7:13, or the Coastal Zone Management Rules, N.J.A.C. 7:7E;
(5)
The proposed disturbance of a riparian zone is required for
the remediation of hazardous substances performed with New Jersey
Department of Environmental Protection or Federal oversight pursuant
to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et
seq. or the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. §§ 9601 et seq.;
(6)
The proposed disturbance is for redevelopment that does not
exceed the limits of existing impervious surfaces;
(7)
The proposed disturbance would prevent extraordinary hardship
on the property owner peculiar to the property; or prevent extraordinary
hardship, provided the hardship was not created by the property owner,
that would not permit a minimum economically viable use of the property
based upon reasonable investment; and/or
(8)
Demonstrate through site plans depicting proposed development
and topography that new disturbance is not located in areas with a
twenty (20%) percent or greater slope, except as allowed under paragraphs
G(6) and G(7) above.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
A.
For riparian zones in Category One waters (C1 waters), permitted
uses are governed by the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h)
and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, unless
otherwise exempt.
B.
Any other riparian zone area shall remain in a natural condition
or, if in a disturbed condition, including agricultural activities,
at the time of adoption of this ordinance may be restored to a natural
condition. There shall be no clearing or cutting of trees and brush,
except for removal of dead vegetation and pruning for reasons of public
safety or for the replacement of invasive species with indigenous
species. There shall be no altering of watercourses, dumping of trash,
soil, dirt, fill, vegetative or other debris, regrading or construction.
The following uses are permitted either by right or after review and
approval by the municipality in riparian zones. No new construction,
development, use, activity, encroachment, or structure shall take
place in a riparian zone, except as specifically authorized in this
subsection. The following uses shall be permitted within a riparian
zone:
(1)
Open space uses that are primarily passive in character shall
be permitted by right to extend into a riparian zone, provided near
stream vegetation is preserved. These uses do not require approval
by the Zoning Enforcement Officer or compliance with an approved Riparian
Zone Management Plan. Such uses include wildlife sanctuaries, nature
preserves, forest preserves, fishing areas, game farms, fish hatcheries
and fishing reserves, operated for the protection and propagation
of wildlife, but excluding structures. Such uses also include passive
recreation areas of public and private parklands, including unpaved
hiking, bicycle and bridle trails, provided that said trail has been
stabilized with pervious materials.
(2)
Fences, for which a permit has been issued by the Zoning Officer,
to the extent required by applicable law, rule or regulation.
(3)
Crossing by maintenance vehicles, farm vehicles and livestock,
recreational trails, roads, railroads, stormwater lines, sanitary
sewer lines, water lines and public utility transmission lines, provided
that the land disturbance is the minimum required to accomplish the
permitted use, subject to approval by the Township Engineer, provided
that any applicable State permits are required, and provided that
any disturbance is offset by buffer improvements in compliance with
an approved Riparian Zone Management Plan and that the area of the
crossing is stabilized against significant erosion due to its use
as a crossing.
(4)
Stream bank stabilization or riparian reforestation, which conform
to the guidelines of an approved Riparian Zone Management Plan, or
wetlands mitigation projects that have been approved by the New Jersey
Department of Environmental Protection, subject to approval by the
Township Engineer and subject to compliance with an approved Riparian
Zone Management Plan.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
A.
All encroachments proposed into riparian zones in C1 waters shall
comply with the requirements of the Stormwater Management Rule at
N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act Rules, N.J.A.C.
7:13, and shall be subject to review and approval by the New Jersey
Department of Environmental Protection, unless exempt.
B.
For all other riparian zones, the following conditions shall apply:
(1)
All new major and minor subdivisions and site plans shall be
designed to provide sufficient areas outside of the riparian zone
to accommodate primary structures, any normal accessory uses appurtenant
thereto, as well as all planned lawn areas.
(2)
Portions of lots within the riparian zone must be permanently
restricted by deed or conservation easement held by Barnegat Township,
its agent, or another public or private land conservation organization
which has the ability to provide adequate protection to prevent adverse
impacts within the riparian zone. A complete copy of the recorded
conservation restriction that clearly identifies the deed book and
pages where it has been recorded in the office of the clerk of the
applicable county or the registrar of deeds and mortgages of the applicable
county must be submitted to the municipality. The applicant shall
not commence with the project or activity prior to making this submittal
and receiving actual approval of the plan modification and receipt
of any applicable permits from the New Jersey Department of Environmental
Protection. The recorded conservation restriction shall be in the
form approved by the municipality and shall run with the land and
be binding upon the property owner and the successors in interest
in the property or in any part thereof. The conservation restriction
may include language reserving the right to make de minimus changes
to accommodate necessary regulatory approvals upon the written consent
of the municipality, provided such changes are otherwise consistent
with the purpose and intent of the conservation restriction. The recorded
conservation restriction shall, at a minimum, include:
(a)
A written narrative of the authorized regulated activity, date
of issuance, and date of expiration, and the conservation restriction
that, in addition, includes all of the prohibitions set forth at N.J.S.A.
13:8B-2b(1) through (7);
(b)
Survey plans for the property as a whole and where applicable,
for any additional properties subject to the conservation restrictions.
Such survey plans shall be submitted on the surveyor's letterhead,
signed and sealed by the surveyor, and shall include metes and bounds
descriptions of the property, the site, and the areas subject to the
conservation restriction in New Jersey State Plane Coordinates, North
American Datum 1983, and shall depict the boundaries of the site and
all areas subject to the conservation restriction as marked with flags
or stakes on site. All such survey plans shall be submitted on paper
and in digital CAD or GIS file on a media and format defined by the
municipality. The flags or stakes shall be numbered and identified
on the survey plan; and
(c)
A copy or copies of deeds for the property as a whole that indicate
the deed book and pages where it has been recorded in the office of
the clerk of the applicable county or the registrar of deeds and mortgages
of the applicable county.
(3)
Any lands proposed for development which include all or a portion of a riparian zone shall, as a condition of any major subdivision or major site plan approval, revegetate the total area of vegetation cleared, cut and/or removed within the riparian zone. The vegetation plan shall utilize native and noninvasive tree and plant species to the maximum extent practicable in accordance with an approved Riparian Zone Management Plan, described in subsection 55-28.10.
(4)
For building lots which exist as of the date of adoption of
this ordinance, but for which a building permit or a preliminary site
plan approval has not been obtained or is no longer valid, the required
minimum front, side, and rear setbacks may extend into the riparian
zone, provided that a deed restriction and/or conservation easement
is applied which prohibits clearing or construction in the riparian
zone. Said deed restriction and/or conservation easement language
must be approved by the Barnegat Township Attorney and Barnegat Township
Engineer. If no Planning or Zoning Board review escrow account is
in effect, then the approval request shall be submitted to the Zoning
Officer and said request shall be included in an escrow deposit of
five hundred ($500.00) dollars for legal and engineering review of
the proposed deed restriction/conservation easement. Upon approval,
the deed restriction/conservation easement shall be recorded.
(5)
All stormwater shall be discharged outside of but may flow through
a riparian zone and shall comply with the Standard for Off-Site Stability
in the "Standards for Soil Erosion and Sediment Control in New Jersey,"
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq. (see N.J.A.C. 2:90-1.3).
(6)
If stormwater discharged outside of and flowing through a riparian
zone cannot comply with the Standard for Off-Site Stability cited
in subsection 55-28.6(5), then the proposed stabilization measures
must meet the requirements of the Flood Hazard Area Control Act Rules
at N.J.A.C. 7:13-10.2 et seq., and have an approved flood hazard area
permit.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
Nonconforming structures and uses of land within the riparian
zone are subject to the following requirements:
A.
Legally existing but nonconforming structures or uses may be continued.
B.
Any proposed enlargement or expansion of the building footprint within
the riparian zone of a C1 water shall comply with the standards in
the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h) and the Flood
Hazard Area Control Act Rules, N.J.A.C. 7:13.
C.
For all other riparian zones:
(1)
Encroachment within the riparian zone shall only be allowed
where previous development or disturbance has occurred and shall be
in conformance with the Stormwater Management Rules, N.J.A.C. 7:8,
and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.
(2)
Existing impervious cover shall not be increased within the
riparian zone as a result of encroachments where previous development
or disturbances have occurred.
(3)
Discontinued nonconforming uses may be resumed any time within one (1) year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the riparian zone, as measured against the intent and purpose under subsection 55-28.1, than the existing or former nonconforming use. This one-year time frame shall not apply to agricultural uses that are following prescribed Best Management Practices for crop rotation. However, resumption of agricultural uses may be restricted to the extent of disturbance existing at the time of adoption of this ordinance.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
A.
Any use within a riparian zone of a C1 water shall comply with the
standards in the Stormwater Management Rules at N.J.A.C. 7:8- 5.5(h)
and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.
B.
For other riparian zones, any use or activity not specifically authorized in subsections 55-28.5, 55-28.7, or pursuant to an Individual Permit for a regulated activity in a riparian zone obtained in accordance with the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13 et seq.), shall be prohibited within the riparian zone. Table C within N.J.A.C. 7:13-10.2 sets forth the maximum allowable disturbance to riparian zone vegetation that may be permitted under an individual permit. Additionally, the following activities and facilities are prohibited:
(1)
Storage of any hazardous or noxious materials.
(2)
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards or the recommendations
of the Soil Conservation District.
(4)
Parking lots.
(5)
Any type of permanent structure, except structures needed for a use permitted by subsection 55-28.5.
(6)
New subsurface sewage disposal systems areas. The expansion
and replacement of existing subsurface sewage disposal system areas
for existing uses is permitted.
(7)
Residential grounds or lawns, except as otherwise permitted
pursuant to this ordinance.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
A.
For riparian zones in C1 waters, requests for exemptions must be
authorized by the New Jersey Department of Environmental Protection,
as per the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h) and
the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.
B.
For other riparian zones, hardship variances may be granted by the
Zoning Board of Adjustment in cases of a preexisting lot (existing
at the time of adoption of this ordinance) when there is insufficient
room outside the riparian zone for uses permitted by the underlying
zoning and there is no other reasonable or prudent alternative to
placement in the riparian zone, including obtaining variances from
setback or other requirements that would allow conformance with the
riparian zone requirements, and provided the following demonstrations
are made:
(1)
An applicant shall be deemed to have established the existence
of an extreme economic hardship, if the subject property is not capable
of yielding a reasonable economic return if its present use is continued
or if it is developed in accordance with provisions of this ordinance
and that this inability to yield a reasonable economic return results
from unique circumstances peculiar to the subject property which:
(a)
Do not apply to or affect other property in the immediate vicinity.
(b)
Relate to or arise out of the characteristics of the subject
property because of the particular physical surroundings, shape or
topographical conditions of the property involved, rather than the
personal situations of the applicant; and are not the result of any
action or inaction by the applicant or the owner or his predecessors
in title.
(c)
The necessity of acquiring additional land to locate development
outside the riparian zone shall not be considered an economic hardship
unless the applicant can demonstrate that there is no adjacent land
that is reasonably available or could be obtained, utilized, expanded
or managed in order to fulfill the basic purpose of the proposed activity.
(2)
An applicant shall be deemed to have established compelling
public need if the applicant demonstrates, based on specific facts
that one (1) of the following applies:
(3)
A variance can only be granted if it is shown that the activity
is in conformance with all applicable local, State and Federal regulations,
including, but not limited to, the Stormwater Management Rules, N.J.A.C.
7:8, and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, and
that the exception granted is the minimum relief necessary to relieve
the hardship.
C.
If such an exception is granted, the applicant shall rehabilitate an environmentally degraded riparian zone area within or adjacent to the same site, and at least equivalent in size to the riparian zone reduction permitted, or, if not possible, rehabilitate or expand a riparian zone area at least equivalent in size within a nearby site and, if available, within the same watershed. Rehabilitation shall include reforestation, stream bank stabilization and removal of debris, in accordance with a Riparian Zone Management Plan, as described in subsection 55-28.10 below.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
A.
Within any riparian zone, no construction, development, use, activity,
or encroachment shall be permitted unless the effects of such development
are accompanied by preparation, approval, and implementation of a
Riparian Zone Management Plan.
B.
The landowner, applicant, or developer shall submit to the appropriate
municipal board, or its appointed representative, a Riparian Zone
Management Plan prepared by an environmental professional, professional
engineer or other qualified professional which fully evaluates the
effects of any proposed uses on the riparian zone. The Riparian Zone
Management Plan shall identify the existing conditions including:
(1)
Existing vegetation;
(2)
Field delineated surface water bodies;
(3)
Field delineated wetlands;
(4)
The 100-year floodplain;
(5)
Flood hazard areas, including floodway and flood fringe areas,
as delineated by the New Jersey Department of Environmental Protection;
(6)
Soil classifications as found on soil surveys;
(7)
Existing subdrainage areas of site with HUC (Hydrologic Unit
Code) 14 designations;
(8)
Slopes in each subdrainage area segmented into sections of slopes
less than fifteen percent (15%); above fifteen percent (15%) but less
than twenty percent (20%); and steep slopes greater than twenty percent
(20%).
The proposed plan shall describe all proposed uses/activities,
and fully evaluate the effects of all proposed uses/activities in
a riparian zone, and all proposed management techniques, including
proposed vegetation and any other measures necessary to offset disturbances
to the riparian zone. A discussion of activities proposed, as well
as management techniques proposed to offset disturbances and/or enhance
the site to improve the riparian zone's ability to function effectively
as a riparian zone shall also be included with the Riparian Zone Management
Plan submittal to Barnegat Township.
C.
The Plan shall be reviewed and must be approved by the Planning or
Zoning Board Engineer, in consultation with the Environmental Commission,
as part of the subdivision and land development process.
D.
The Riparian Zone Management Plan must include management provisions
in narrative and/or graphic form specifying:
(1)
The manner in which the area within the riparian zone will be
owned and by whom it will be managed and maintained.
(2)
The conservation and/or land management techniques and practices
that will be used to conserve and protect the riparian zone, as applicable.
(3)
The professional and personnel resources that are expected to
be necessary, in order to maintain and manage the riparian zone.
(4)
A revegetation plan, if applicable, that includes: three (3)
layers of vegetation, including herbaceous plants that serve as ground
cover, understory shrubs, and trees that when fully mature, will form
an overhead canopy. Vegetation selected must be native, noninvasive
species, and consistent with the soil, slope and moisture conditions
of the site. The revegetation plan shall be prepared by a qualified
environmental professional, landscape architect, or professional engineer,
and shall be subject to the approval of the Engineer of Barnegat Township,
in consultation with the Environmental Commission. Dominant vegetation
in the Riparian Zone Management Plan shall consist of plant species
that are suited to the riparian zone environment. The Planning or
Zoning Board Engineer may require species suitability to be verified
by qualified experts from the Soil Conservation District, Natural
Resources Conservation Service, New Jersey Department of Environmental
Protection, US Fish and Wildlife Service and/or State or Federal forest
agencies.
E.
A Riparian Zone Management Plan is not required where the riparian
zone is not being disturbed and conservation easements/deed restrictions
are applied to ensure there will be no future clearing or disturbance
of the riparian zone.
F.
Performance of the Riparian Zone Management Plan shall be guaranteed
for a minimum of two (2) years by a surety, such as a bond, cash or
letter of credit. The bond requirements will be prepared by the Planning
or Zoning Board Engineer or the Township Engineer in the case of a
project not before a Board. The bond, cash or letter of credit shall
be provided to Barnegat Township prior to the Township issuing any
permits or approving any uses relating to the applicable use or activity.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
A.
This Riparian Zone Ordinance is applicable to the portion of Barnegat
Township located within the jurisdiction of the Coastal Area Facility
Review Act ("CAFRA" N.J.S.A. 13:19-1 et seq.) The Riparian Zone Map
depicts the CAFRA boundary, which represents the western boundary
of the land area under the jurisdiction of this ordinance. However,
the accuracy of the CAFRA boundary depicted on the Riparian Zone Map
is limited to the accuracy of the New Jersey Department of Environmental
Protection Geographic Information System data layers from which it
was prepared. Therefore, the statutory boundary of the CAFRA area
set forth at N.J.S.A. 13:19-4 shall govern with respect to delineating
the western boundary of the jurisdiction of the Riparian Zone Ordinance.
When a landowner or applicant disputes the boundaries of a riparian
zone, or the defined bank-full flow or level, the landowner or applicant
shall submit evidence to the Planning or Zoning Board Engineer that
describes the riparian zone, presents the landowner or applicant's
proposed riparian zone delineation, and presents all justification
for the proposed boundary change, including but not limited to, a
verification issued under the Flood Hazard Area Control Act Rules
at N.J.A.C. 7:13-6, or an approval from the New Jersey Department
of Environmental Protection to encroach within the Special Water Resource
Protection Area (SWRPA) of a C1 water pursuant to the Stormwater Management
Rules at N.J.A.C. 7:8-5.5h)1ii.
B.
Within forty-five (45) days of a complete submission of subsection 55-28.11A above, the Planning or Zoning Board Engineer, shall evaluate all material submitted and shall make a written determination, a copy of which shall be submitted to the appropriate municipal board and the landowner or applicant. Failure to act within the 45-day period shall not be interpreted to be an approval of the proposed boundary change.
C.
Any party aggrieved by any such determination or other decision or determination under subsection 55-28.11B may appeal to the Township Committee under the provisions of this ordinance. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal.
D.
Inspections.
(1)
Lands within or adjacent to an identified riparian zone shall
be inspected by the municipal representative or a municipal consultant
when:
(2)
The riparian zone may also be inspected periodically by representatives
from Barnegat Township or its consultant if excessive or potentially
problematic erosion is present, other problems are discovered, or
at any time when the presence of an unauthorized activity or structure
is brought to the attention of municipal officials or when the downstream
surface waters are indicating reduction in quality.
E.
Conflicts. All other ordinances, parts of ordinances, or other local
requirements that are inconsistent or in conflict with this ordinance
are hereby superseded to the extent of any inconsistency or conflict,
and the provisions of this ordinance apply.
F.
Severability.
(1)
Interpretation. This ordinance shall be so construed as not
to conflict with any provision of New Jersey or Federal law.
(2)
Notwithstanding that any provision of this ordinance is held
to be invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the ordinance shall continue to be of
full force and effect.
(3)
The provisions of this ordinance shall be cumulative with, and
not in substitution for, all other applicable zoning, planning and
land use regulations.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
A prompt investigation shall be made by the appropriate personnel
of Barnegat Township, of any person or entity believed to be in violation
hereof. If, upon inspection, a condition which is in violation of
this ordinance is discovered, a civil action in the Special Part of
the Superior Court, or in the Superior Court, if the primary relief
sought is injunctive or if penalties may exceed the jurisdictional
limit of the Special Civil Part, by the filing and serving of appropriate
process. Nothing in this ordinance shall be construed to preclude
the right of Barnegat Township, pursuant to N.J.S.A. 26:3A2-25, to
initiate legal proceedings hereunder in Municipal Court. The violation
of any section or subsection of this ordinance shall constitute a
separate and distinct offense independent of the violation of any
other section or subsection, or of any order issued pursuant to this
ordinance. Each day a violation continues shall be considered a separate
offense.
[Added 4-5-10 by Ord. No. 2010-2; amended 10-4-10 by Ord. No. 2010-21]
This ordinance shall take effect upon final adoption and publication
in accordance with the law.
[Added 6-2-14 by Ord. No. 2014-12]
The following regulations apply to the Multi-Family Age-Restricted
Zone:
[Added 7-21-03 by Ord. No. 2003-18; amended 12-1-03 by Ord. No. 2003-39; 10-5-09 by Ord. No. 2009-29]
A.
Purpose. The purpose of this section is to establish specific standards
for the siting of wireless communications towers and antennas. The
goals of this section are to: (1) protect residential areas and land
uses from potential adverse impacts of towers and antennas; (2) encourage
the location of towers in nonresidential areas; (3) minimize the total
number of towers throughout the community; (4) strongly encourage
the joint use of new and existing tower sites as a primary option
rather than construction of additional single-use towers; (5) encourage
users of towers and antennas to locate them, to the extent possible,
in areas where the adverse impact on the community is minimal; (6)
encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening and innovative
camouflaging techniques; (7) enhance the ability of the providers
of telecommunications services to provide such services to the community
quickly, effectively, and efficiently; (8) consider the public health
and safety of communication towers; and (9) avoid potential damage
to adjacent properties from tower failure through engineering and
careful siting of tower structures. In furtherance of these goals,
the Township of Barnegat shall give due consideration to the Township's
Master Plan, Zoning Map, existing land uses, and environmentally sensitive
areas in approving sites for the location of towers and antennas.
B.
ALTERNATE TOWER STRUCTURE
ANTENNA
BACKHAUL NETWORK
FAA
FCC
HEIGHT
PRE-EXISTING TOWERS AND PRE-EXISTING ANTENNAS
TOWER
Definitions. As used in this ordinance, the following terms shall
have the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
The lines that connect a provider's tower/cell sites to one
or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the natural grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antennas.
Any tower or antenna for which a building permit, conditional
use permit, site plan approval, or use variance approval has been
properly issued prior to the effective date of this section, including
permitted towers or antennas that have not yet been constructed so
long as such approval is current and not expired.
Any structure that is designed and constructed primarily
for the purpose of supporting one (1) or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternate tower structures, and
the like. The term includes the structure and any support thereto.
C.
Applicability.
(2)
Amateur radio station operators/receive only antennas. This section
shall not govern any tower, or the installation of any antenna, that
is under seventy (70) feet in height and is owned and operated by
a Federally-licensed amateur radio station operator or is used exclusively
for receive only antennas. These uses are exempt from the provisions
of this ordinance.
(4)
AM array. For purposes of implementing this section an AM array,
consisting of one (1) or more tower units and supporting ground system
which functions as one (1) AM broadcasting antenna, shall be considered
one (1) tower. Measurements for setbacks and separation distances
shall be measured from the outer perimeter of the towers included
in the AM array. Additional tower units may be added within the perimeter
of the AM array by right.
D.
Compliance with Other Requirements.
(1)
State or Federal requirements. All towers must meet or exceed current
standards and regulations of the FAA and FCC, and any other agency
of the State or Federal government with the authority to regulate
towers and antennas. In the Pinelands Area, all towers shall comply
with the standards for local communications facilities in N.J.A.C.
7:50-5.4(c) and any comprehensive plan for such facilities approved
by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6. If
such standards and regulations are changed, then the owners of the
towers and antennas governed by this section shall bring such towers
and antennas into compliance with such revised standards and regulations
within six (6) months of the effective date of such standards and
regulations, unless a different compliance schedule is mandated by
the controlling State or Federal agency. Failure to bring towers and
antennas into compliance with such revised standards and regulations
shall constitute grounds for the removal of the tower or antenna at
the owner's expense.
(2)
Building codes; safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable State or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association, as amended from time to
time. If, upon inspection, the Township of Barnegat concludes that
a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then upon notice being provided to
the owner of the tower, the owner shall have thirty (30) days to bring
such tower into compliance with such standards. Failure to bring such
tower into compliance within said thirty (30) days shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
(3)
Franchises. Owners and operators of towers or antennas shall certify
that all franchises required by law for the construction and/or operation
of a wireless communication system in the Township of Barnegat have
been obtained and shall file a copy of all required franchises with
the Township Administrator.
E.
Submission and Procedural Requirements.
(1)
Multiple antenna and tower plans. The Township of Barnegat encourages
applicants for towers and antennas to submit a single application
for approval of multiple towers, multiple antenna arrays on a single
tower and for antennas located on sites without towers. Applications
for approval of multiple site and multiple arrays shall be given priority
in the review and hearing process.
(2)
Public notice. For purposes of this section, any conditional use
application, variance request, site plan application and any amended
applications for any of the foregoing shall provide public notice
in accordance with the provision of the Land Use Ordinance, and the
New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(3)
Information required. The information required for applications for development for towers set forth below shall be incorporated by reference into the checklist for completeness. In addition to any information required for application for conditional use permits pursuant to Section 55-200 of the Municipal Land Use Ordinance and for site plan approval pursuant to Article VI, Site Plan Regulations, applicants for approval of a tower, antenna array and for antenna located on sites without towers, whether as permitted uses, conditional uses or variances, shall submit the following information:
(a)
Inventory of existing sites. Each applicant for an antenna,
tower or both shall provide to the Township Administrator an inventory
of its existing towers, antennas, or sites approved for towers or
antennas, that are either within the jurisdiction of the Township
of Barnegat or within one (1) mile of the border thereof, including
specific information about the location, height, and design of each
tower. The Township Administrator may share such information with
other owners or operators of towers and antennas, applicants for towers
and antenna and other organizations seeking to locate antennas within
the jurisdiction of the Township of Barnegat. Nothing herein shall
be construed as a representation or guarantee by the Township Administrator
that such sites are available or suitable.
(b)
A scaled site plan clearly indicating the location, type and
height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning (including when adjacent to other municipalities),
Master Plan classification of the site and all properties within the
applicable separation of distances, adjacent roadways, proposed means
of access, setbacks from property lines, elevation drawings of the
proposed tower and any other structures, topography, parking and other
information deemed by the Planning Board or Zoning Board to be necessary
to assess compliance with this ordinance.
(c)
Legal description of the parent tract and leased parcel (if
applicable).
(d)
The setback distance between the proposed tower and the nearest
residential unit, platted residentially zoned properties, and unplatted
residentially zoned properties.
(e)
A landscape plan showing specific landscape materials, planting
height and height at maturity.
(f)
Method of fencing, and finished color and, if applicable, the
method of camouflage and illumination.
(g)
A description of compliance with paragraph D(l), (2) and (3)
and all applicable Federal, State or local laws.
(h)
A notarized statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
(i)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
(j)
A description of the suitability of the use of existing towers,
other structures or alternative technology not requiring the use of
towers or structures to provide the services to be provided.
(k)
Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical, shall be certified
by a licensed professional engineer.
(l)
An accurate simulation, equivalent to a photographic representation,
of the visual effects of the proposed tower, antennas and all associated
structures viewed from the street frontage of the tower site and from
all within two hundred (200) feet of the proposed tower.
(m)
An applicant for a conditional use permit shall submit the information
described in this paragraph and a nonrefundable escrow fee as established
by ordinance of the Township Committee of the Township to reimburse
the Township for the costs of reviewing the application.
F.
Zoning Requirements.
(1)
Not essential services. Towers and antennas shall be regulated and
permitted pursuant to this section and shall not be regulated or permitted
as essential services, public utilities, or private utilities.
(2)
Antennas or towers shall be permitted uses in the following commercial
and industrial zones: CM, CN and C-PHD zones.
(3)
Antennas or towers shall be permitted as conditional uses in all
zones other than: CM, CN and C-PHD zones.
(4)
The following requirements shall apply to all towers and antennas,
whether permitted as conditional uses, as permitted uses or by variance:
(a)
Measurement. For purposes of measurement, tower setbacks and
separation distances shall be calculated and applied to facilities
located in the Township of Barnegat irrespective of municipal and
County jurisdictional boundaries.
(b)
Lot size. The minimum lot size for a freestanding wireless telecommunications
tower shall be three (3) acres.
(c)
Permitted height. Antennas and towers may not exceed the maximum
height of one hundred eighty (180) feet. Towers and antennas however
are exempted from the maximum building height permitted pursuant to
the Barnegat Township Land Use Ordinances.
(d)
Buildings and support equipment associated with antennas or
towers shall comply with the following setback requirements, provided,
however, that the Zoning Board may reduce the setback requirements
if the criteria for issuance of a variance are satisfied.
[1]
The tower shall be set back a distance to any property line
at least equal to the height of the tower structure. For the purposes
of this section, the height of the tower structure shall be the difference
between the grade elevation at the base of the tower plus the height
of the tower inclusive of all antennas.
[2]
Guys and accessory buildings and structures must satisfy the
minimum zoning district setback requirements and shall not be subject
to the setback requirements applicable to towers.
(e)
Signs. No signs shall be allowed on an antenna or tower.
(f)
Security fences. Towers shall be enclosed with ten-foot high
security fencing and shall also be equipped with an appropriate anti-climbing
device.
(g)
Separation. The following separation requirements shall apply
to all towers and antennas provided, however, that the approving Board
may reduce the standard separation requirements if the criteria for
a variance are met.
[1]
Separation from off-site uses/designated areas.
[2]
Tower separation shall be measured from the base of the tower
to the lot line of the off-site uses and/or designated areas as specified
in Table I, except as otherwise provided in Table I.
[3]
Separation requirements for towers shall comply with the minimum
standards established in Table I.
|
Table I
| |
|---|---|
|
Off-Site Use/Designated Area
|
Separation Distance
|
|
Residential structures, whether single- family, duplex or multi-family
including those that abut a commercially zoned area.1
|
200 feet or 300% height of tower,2 whichever is greater
|
|
Vacant residentially zoned land which is platted with a valid
preliminary subdivision plan approval, and in the event that the proposed
tower is to be located on a permitted commercially zoned property
but abuts either a residence or residential zone.
|
200 feet or 300% height of tower,3whichever is greater
|
|
Vacant unplatted residentially zoned lands.3
|
100 feet or 100% height of the tower, whichever is greater.
|
|
1 Includes modular homes and mobile
homes used for living purposes.
|
|
2 Separation measured from base of
tower to closest building setback line.
|
|
3 Separation measured from base of
tower to closest building setback line.
|
G.
Conditional Use Standards. General. In addition to the zoning standards
applicable to towers and antennas, the following provisions shall
govern the issuance of conditional use permits for towers or antennas:
(1)
Applications for conditional use permits under this subsection shall be subject to the procedures and requirements of Section 55-200 of the Land Use Ordinance, except as modified in this section.
(2)
In addition to any standards for consideration of conditional use permit applications pursuant to Section 55-200 of the Land Use Ordinance, the Planning Board shall consider the following factors in determining whether to grant conditional use approval. To satisfy these conditional use criteria, the Planning Board may impose conditions necessary to minimize any adverse effect of the proposed tower on adjoining properties. The Planning Board shall consider the following factors in granting conditional use permits for towers:
(a)
Height of the proposed towers;
(b)
Proximity of the tower to residential structures and residential
district boundaries;
(c)
Nature of uses on adjacent and nearby properties;
(d)
Surrounding topography;
(e)
Surrounding tree coverage and foliage;
(f)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
(g)
Proposed ingress and egress; and
(h)
Availability of suitable existing towers, other structures,
or alternative technologies not requiring the use of towers or other
structures. If suitable existing towers are available, or there are
other structures, or alternative technology to satisfy the need, no
new tower shall be permitted unless the applicant demonstrates to
the reasonable satisfaction of the Planning Board that no existing
tower, structure of alternative technology that does not require the
use of towers or structures can accommodate the applicant's proposed
antenna. An applicant shall submit information requested by the Planning
Board related to the availability of suitable existing towers, other
structures of alternative technology. Evidence submitted to demonstrate
that no existing tower, structure or alternative technology can accommodate
the proposed ordinance.
(3)
The applicant's proposed antenna may consist of the following:
(a)
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(e)
The fees, costs or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are no other limiting
factors that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
H.
Buildings or Other Equipment Storage.
(1)
Antennas mounted on structures or rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
(a)
The cabinet or structure shall not contain more than three hundred
(300) square feet of gross floor area or be more than twelve (12)
feet in height.
(b)
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than fifteen percent (15%) of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
(2)
Antennas mounted on utility poles or light poles. The equipment cabinet
or structure used in association with antennas shall be located in
accordance with the following:
(a)
In all zones the equipment cabinet or structure shall be no
greater than three hundred (300) square feet of gross floor area,
and a height of no more than twelve (12) feet.
(3)
Antennas located on towers. The related unmanned equipment structure
shall not contain more than three hundred (300) square feet of gross
floor area or be more than twelve (12) feet in height, and shall be
located in accordance with the minimum yard requirements of the zoning
district in which located.
(4)
In the PA and PF Zones, new wireless telecommunications facility
towers shall be permitted only at the following locations:
(a)
Maximum height. In the Pinelands Area no tower shall exceed
one hundred seventy (170) feet in height and all towers shall be designated
so that their height may be increased to one hundred seventy (170)
feet if necessary to accommodate the needs of other wireless carriers;
(b)
On developed publicly-owned lands, provided that the tower will
be located on previously disturbed lands that have not subsequently
been restored and that no tower will be located on State, County or
municipal conservation lands, State recreation lands or County and
municipal lands used for low-intensity recreational purposes;
(c)
On the parcel of an approved resource extraction operation,
provided that the tower will be located on previously disturbed lands
that have not subsequently been restored;
(d)
On the parcel of an existing first aid or fire station; or
(e)
On the parcel of an existing landfill, provided that the facility
will be located on previously disturbed lands that have not subsequently
been restored.
(5)
If the search area for a proposed new tower facility contains lands
located both inside and outside the Pinelands Area or lands in more
than one (1) Pinelands management area, the applicant shall seek to
site the facility in accordance with the following hierarchy, with
the first designation being the location of greatest preference:
I.
Design and Performance Standards.
(1)
Finish. Towers shall either maintain a galvanized steel finish or,
subject to any applicable standards of the FAA, be painted a neutral
color so as to reduce visual obtrusiveness.
(2)
Aesthetics. At a tower site, the design of the buildings and related
structures shall, to the extent possible, use materials, colors, textures,
screening, and landscaping that will blend the tower into the natural
setting and surrounding buildings.
(3)
Antennas on structures. If an antenna is installed on a structure
other than a tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(4)
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
(5)
Landscaping. The following requirements shall govern the landscaping
surrounding towers:
(a)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from property used for residences. The standard buffer shall consist
of a landscaped strip at least four (4) feet wide outside the perimeter
of the compound.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived.
(c)
Existing mature growth and natural land forms on the site shall
be preserved to the maximum extent possible. In some cases, such as
towers sited on large, wooded lots, natural growth around the property
perimeter may be sufficient buffer.
(d)
The structure or cabinet shall be screened by an evergreen hedge
with a height at maturity of eight (8) feet and a planted height of
at least thirty-six (36) inches. In all other instances, structures
or cabinets shall be screened from view of all residential properties
which abut or are directly across the street from the structure or
cabinet by a solid fence ten (10) feet in height and an evergreen
hedge with a height at maturity of eight (8) feet and a planted height
of at least thirty-six (36) inches to be located on the exterior face
of the fence.
J.
Removal of Abandoned Antennas and Towers. Any antenna or tower that
is not operated for a continuous period of twelve (12) months shall
be considered abandoned, and the owner of such antenna or tower shall
remove the same within ninety (90) days of receipt of notice from
the Township of Barnegat notifying the owner of such abandonment.
Failure to remove an abandoned antenna or tower within said ninety
(90) days shall be grounds to remove the tower or antenna at the owner's
expense. If there are two (2) or more users of a single tower, then
this provision shall not become effective until all users cease using
the tower. If the tower is being used for municipal communications
purposes, or if the Township foresees using the tower in the future,
then the Township may opt to have the tower transferred to the Township.
Upon the dismantling and removal of a tower in the Pinelands Area,
the property on which the tower was located shall be restored in accordance
with N.J.A.C. 7:50—6.24.
K.
Nonconforming Uses.
(1)
Not expansion of nonconforming use. Towers that are constructed,
and antennas that are installed, in accordance with the provisions
of this ordinance shall not be deemed to constitute the expansion
of a nonconforming use or structure.
(2)
Pre-existing towers. Pre-existing towers shall be allowed to continue
their usage as they presently exist. Routine maintenance (including
replacement with a new tower of like construction and height) shall
be permitted on such pre-existing towers. New construction other than
routine maintenance on a pre-existing tower shall comply with the
requirements of this ordinance.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennas.
Notwithstanding paragraph I., bona fide nonconforming towers or antennas
that are damaged or destroyed may be rebuilt without having to first
obtain administrative approval or a conditional use permit and without
having to meet the separation requirements specified in paragraph
F(4)(d) and (g). The type, height, and location of the tower on site
shall be of same type and intensity as the original facility approval.
Building permits to rebuild the facility shall comply with the then
applicable building codes and shall be obtained within with one hundred
eighty (180) days from the date the facility is damaged or destroyed.
If no permit is obtained or if said permit expires, the tower or antenna
shall be deemed abandoned as specified in paragraph J.
[Added 7-5-2022 by Ord. No. 2022-14]
[Added 7-5-2022 by Ord.
No. 2022-14]
A.
All definitions of words, terms and phrases that are set forth in
the Communications Act of 1934, P.A. 73-416, as amended by various
statutory enactments including, but not limited to, the Telecommunications
Act of 1996 P.L. 104-104, are incorporated herein and are made apart
hereof.
B.
All definitions of the words, terms and phrases that are set forth
in the portion of the Middle-Class Tax Relief and Job Creation Act
of 2012, P.L. 112-96, as codified in 47 U.S.C. § 455, are
incorporated herein and are made a part hereof.
C.
All definitions of words, terms and phrases that are set forth in
the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1, et. seq.,
are incorporated herein and are made apart hereof.
D.
All of the definitions of words, terms and phrases that are set forth
in the Code of Federal Regulations at 47 C.F.R. § 1.6002,
as amended, are incorporated herein and are made a part hereof.
E.
PERSONAL WIRELESS SERVICES
PUBLIC RIGHT-OF-WAY
SMALL WIRELESS FACILITY
SMART POLE
UTILITY POLE
In addition to the foregoing, the following words, terms and phrases
shall have the meanings indicated unless an alternate meaning clearly
is discernable from the context in which the word, term or phrase
is used:
"Personal wireless services," as defined in 47 U.S.C. § 332(c)(7)(C),
as supplemented and/or as amended.
The surface, the airspace above the surface and the area
below the surface of any street, road, highway, lane, alley, boulevard
or drive, including the sidewalk, shoulder and the area for utilities
owned by the Township or within an easement to the public or other
easement owned by the Township.
"Small wireless facility," as defined in the Code of Federal
Regulations at 47 C.F.R. § 1.6002(1), as supplemented and/or
as amended.
A decorative utility pole that conceals, disguises or camouflages
one or more small wireless facility installation(s) and may include
other features such as streetlighting, 911 call service access, public
access Wi-Fi and surveillance cameras. A smart pole must allow for
multiple occupants and allow space for municipal use for other services
and/or equipment. Smart poles shall neither have external latches,
external hinges, nor external cabling. The pole should be made of
an inherently rust-resistant material (i.e., aluminum alloys or stainless
steel).
A wooden or metal pole that is used by public utilities to
support electrical wires, telephone wires, coaxial cables, fiber optic
cables and similar appurtenances.
F.
In the event that a term, word or phrase is not defined in any of
the aforementioned statutes and is not otherwise defined herein then
that term, word or phrase shall have its common, ordinary meaning.
[Added 7-5-2022 by Ord.
No. 2022-14]
A.
No person shall place a small wireless facility in any right-of-way
without first filing a small wireless facility siting permit application,
in the form specified herein and in accordance with the procedures
specified herein, with the Township Clerk and obtaining a siting permit
therefore, except as otherwise may be provided in this section. Upon
approval of a siting permit application, the siting permit authorizing
placement of a small wireless facility in a public right-of-way shall
not be issued by the Township Clerk to any applicant unless:
(1)
All siting permit application fees and escrow fees, as established
herein, have been paid; and
(2)
All other governmental permits or other governmental approvals
that are required for the deployment(s) proposed by the applicant's
siting permit application under the New Jersey Uniform Construction
Code Act, N.J.S.A. 52:27D-119, et. seq., and the administrative regulations
adopted thereunder, Chapter 336, Streets and Sidewalks, of the Code
of the Township and by any other applicable federal, state or municipal
law have been issued by the appropriate issuing authority therefore
to the applicant and the applicant has supplied copies of such other
permits or approvals to the Township Clerk for inclusion with the
applicant's application documents; and
(3)
The applicant has entered into a "Right-of-Way Use Agreement,"
the approved form of which is on file in the Office of the Township
Clerk and can be obtained during normal business hours. The approved
form of "Right-of-Way Use Agreement" may from time-to-time be revised,
supplemented or otherwise amended or replaced. All such revisions,
supplements, amendments or replacement shall be approved by resolution
of Township Committee. The Township Clerk shall maintain on file the
currently approved Right-of-Way Use Agreement version and shall provide
a copy to all siting permit applicants. Minor deviations to the terms
and conditions that are set forth in the approved form of Right-of-Way
Use Agreement may be approved by Township Committee at the time that
it grants consent to use a right-of-way to a siting permit applicant.
B.
No siting permit authorizing placement of a small wireless facility
in a public right-of-way shall be issued to any applicant unless Township
Committee, in the manner prescribed by applicable laws of the State
of New Jersey, has granted to the siting permit applicant its consent
to use public rights-of-way within the Township. No siting of a small
wireless facility shall be permitted within 200 feet of another small
wireless facility unless it can be established by clear and convincing
evident that co-location on an existing or previously approved small
wireless facility is not feasible. Any claims of carriers of technical
incompatibility or inability to collocate need to be proven by the
carrier, not disproven by the Township. Responsibility for judging
proof of said claims lies solely with the Township and/or its chosen
representative(s).
[Added 7-5-2022 by Ord.
No. 2022-14]
A.
No application for a small wireless facility siting permit shall
be approved if the application proposes the deployment of a small
wireless facility upon an existing structure in a right-of-way unless
the structure is a smart pole as set forth in the definitions of this
section.
B.
No small wireless facility shall be installed upon any new structure
within any right-of-way unless the new structure is a smart pole as
defined in the definition section of this section. A replacement pole
is a new structure.
C.
No application for a small wireless facility siting permit shall
be approved if the application proposes the deployment of a small
wireless facility in an area other than those specific locations set
forth within the Township's Wireless Siting Plan which can be
found on file with the Township Clerk. All small wireless facilities
must be placed within a twenty-five foot radius of those specific
locations set forth on the Township's Wireless Siting Plan. No
more than one smart pole shall be permitted per intersection or block
if the Siting Plan calls for the deployment of a small wireless facility
at any location other than an intersection, unless otherwise specified
within the Wireless Siting Plan. No smart poles shall be located within
200 feet of another.
[Added 7-5-2022 by Ord.
No. 2022-14]
A.
Application filing. An application for a siting permit to place one
or more small wireless facility within a right-of-way shall be made
on forms which shall be available from the Township Clerk. The application,
along with the required application fee and the required escrow fee,
shall be filed with the Township Clerk. Immediately upon receipt of
an application, the Township Clerk shall provide copies of the application
and all supporting documents that were submitted by the applicant
with the application, to the Township Engineer, the Construction Official,
and the Township Attorney.
B.
Application form. The small wireless facility siting permit application
shall be made by a provider of personal wireless services, or its
duly authorized representative as noted in a notarized statement from
the provider of personal wireless services on whose behalf the representative
is acting, and shall contain the following:
(1)
The applicant's name, address, telephone number and email
address;
(2)
The names, addresses, telephone numbers, and email addresses
of all consultants, if any, acting on behalf of the applicant with
respect to the filing of the application;
(3)
A general description of the proposed small wireless facility,
existing structure and new structure work to be performed. The scope
and detail of such description shall be appropriate to the nature
and character of the work to be performed, with particular emphasis
on those matters, including, but not limited to, subservice utilities
likely to be affected or impacted by the work proposed along with
a description of such other governmental permits or approvals as may
be required by applicable law with respect to the proposed installation(s)
and a description of such other permits or approvals for which the
applicant has applied;
(4)
Authorization for any consultant acting on behalf of the applicant
to speak with the Township, or a designee of the Township, on the
area of consultation for the applicant even if the applicant cannot
be available;
(5)
Verification from an appropriate professional that the small
wireless facility shall comply with all applicable federal, state,
and local laws, administrative regulations and codes;
(6)
The applicant shall certify that they shall market the availability
of approved facilities to all major wireless carriers in the marketplace.
The applicant shall further certify that they will encourage, manage
and coordinate the location and placement of an interest carrier's
equipment on their structure.
C.
An applicant seeking to deploy a network of small wireless facilities,
all of which are to be located in rights-of-way, may file a batched
application for up to 25 small wireless facilities and receive a single
siting permit for multiple small wireless facilities.
[Added 7-5-2022 by Ord.
No. 2022-14]
A.
The Township shall review the application for a small wireless facility
siting permit in light of its conformity with the provisions of this
section, and shall approve a siting permit on nondiscriminatory terms
and conditions subject to the following requirements:
B.
Within 10 days of receiving an application, the Township Clerk shall
determine and notify the applicant:
(1)
Whether the application is complete;
(2)
If the application is incomplete, what specific information
is missing; and
(3)
Whether the deployment of the small wireless facilities as proposed
requires the applicant to apply for other permits, such as a street
opening permit or construction permit, for which the applicant has
not yet applied. No small wireless facility siting permit application
shall be deemed complete until the applicant has applied for all other
permits and approvals required by all other laws and regulations that
are applicable to the applicant's proposed small wireless facility
deployment.
C.
The Township shall make its final decision to approve or deny the
application within the following timeframes:
(1)
Sixty days from the submission of a complete application to
install a small wireless facility upon one or more existing structures.
(2)
Ninety days from the submission of a complete application to
install a small wireless facility upon one or more new structures.
(3)
Ninety days from the submission of a complete batched application
to install small wireless facilities upon both existing and new structures.
The timeframes described above by which an application shall
be either approved or denied may be extended by mutual consent of
the applicant and Township. Such consent shall be set forth on a form
for such purposes which shall be available from the Township Clerk.
Such consent on behalf of the Township shall be exercised by the Township
Committee in their reasonable discretion.
D.
The Township Clerk shall notify the applicant in writing of the final
decision, and if the application is denied, specify the basis for
denial; and cite such specific provisions, as may be recommended,
by the Township Attorney, from federal, state, or local laws, administrative
regulations or codes as to why the application was denied.
E.
Notwithstanding an initial denial, the applicant may cure any deficiencies
identified by the Township within 30 days of the denial without paying
any additional application fee, provided the Township Clerk shall
approve or deny the revised application within 30 days of receipt
of the amended application which shall be limited to the deficiencies
specified in the original notice of denial.
F.
If the Township fails to act upon an application within the timeframes
prescribed by this section, the applicant may provide written notice
to the Township that the application review and decision period has
lapsed. Upon receipt of such notice, the Township Committee, by resolution
adopted no later than its second regularly schedule public meeting
next following receipt of the notice, shall either deny the application
or direct that the sting permit shall be approved and issued. Nothing
in this paragraph is intended in any way to impact any other right
or remedy that may be available to the applicant under applicable
federal or state law if the Township fails to act upon an application
within the timeframes prescribed by this section.
G.
A siting permit from the Township authorizes an applicant to undertake
only certain activities in accordance with this section. No approval
or consent granted, or siting permit issued, pursuant to this section
shall confer any exclusive right, privilege, license or franchise
to occupy or use any public right-of-way within the Township for the
delivery of telecommunications services or for any other purpose.
[Added 7-5-2022 by Ord.
No. 2022-14]
No siting permit issued under this section shall be valid for
a period longer than 12 months unless construction has actually begun
and continuously and diligently is pursued to completion. Upon written
request from the applicant, the Township Committee, upon consultation
with the Construction Official, may extend the siting permit for a
period of up to 12 months so long as construction has begun at the
time that the applicant's request for an extension is made.
[Added 7-5-2022 by Ord.
No. 2022-14]
A.
A small wireless facility siting permit shall not be required for:
B.
On a location where the Township and/or another provider has placed
equipment or facilities, any routine maintenance or replacement that
is done shall not occur until written authorization from the Township
and/or the other provider, as the case may be, to proceed is provided
to the Township, which authorization to proceed shall not unreasonably
be withheld by the Township and/or the other provider.
C.
If the replacement of a small wireless facility with another small
wireless facility includes replacement of the structure to which the
small wireless facility is attached, then an application for a siting
permit shall be required.
[Added 7-5-2022 by Ord.
No. 2022-14]
All applications for approval and issuance of a small wireless
facility siting permit pursuant to this section shall be accompanied
by a fee as follows:
A.
For application that do not include the installation of any new structure
within a right-of-way the application fee shall be $500 for up to
five small wireless facilities with an additional $100 for each small
wireless facility beyond five.
B.
For applications that include the installation of a new structure
within a right-of-way, the application fee shall be $1,000 for up
to five small wireless facilities with an additional $100 for each
small wireless facility beyond five.
[Added 7-5-2022 by Ord.
No. 2022-14]
A.
In addition to the application fee, all applications for approval
and issuance of a small wireless facility siting permit shall be accompanied
by an escrow fee as follows:
(1)
For applications whose proposed small wireless facility deployment(s)
will not require a street opening permit pursuant to the Township
Code: $5,000.
(2)
For applications whose proposed small wireless facility deployment(s)
will require a street opening permit pursuant to the Township Code:
$7,500.
B.
The escrow account deposits are required to pay for the costs of
professional services, including engineering, planning, legal and
other third-party professional consulting expenses connected with
the review of submitted materials, including any traffic engineering
review or other special analysis related to the Township's review
of the material submitted by the applicant and the preparation of
any reports or any necessary legal agreement regarding rights-of-way
use. An applicant is required to reimburse the Township for all fees,
costs and expenses of third-party professionals and consultants incurred
and paid by the Township for the review process of small wireless
facility siting permit application, such as, but not limited to:
(1)
Professional fees for review by third-party professionals or
consultants of applications, plans and accompanying documents;
(2)
Issuance of reports or analyses by third-party professionals
or consultants to the Township setting forth recommendations resulting
from the review of any documents submitted by the applicant;
(3)
Charges for any telephone conference(s) for meeting(s), including
travel expenses, requested or initiated by the applicant, the applicant's
attorney or any of the applicant's experts or representatives;
(4)
Review of additional documents submitted by the applicant and
issuance of reports or analyses relating thereto;
(5)
Review or preparation of right-of-way use agreements, easements,
deeds, right-of-way municipal consent ordinances or resolutions and
any and all other like or similar documents; and
(6)
Preparation for an attendance at all meetings by third-party
professionals or consultants serving the Township, such as the Township
Attorney, Township Engineer and Township Planner or other experts
as required.
C.
The escrow account deposits shall be placed in a separate account
by the Township's Chief Financial Officer at the request of the
Township Clerk and an accounting shall be kept of each applicant's
deposit. Thereafter:
(1)
All third-party professional or consultant fees, costs, expenses
and charges shall be paid from the escrow account and charged to the
applicant;
(2)
Upon either final denial of a small wireless facility siting
permit application or upon issuance of a small wireless facility siting
permit, any moneys not expended for third-party professional, or consulting
service shall be returned to the applicant within 90 days upon written
request by the applicant and as authorized by the Township Committee;
(3)
If at any time during the application review process 75% of
the money originally posted shall have been expended, the applicant
shall be required to replenish the escrow deposit to 100% of the amount
originally deposited by the applicant;
(4)
No small wireless facility siting permit application shall be
considered complete until such time as the required escrow fee has
been posted to guarantee payment of third-party professional or consultant
fees, costs, expenses, and charges;
(5)
All payments charged to the escrow deposit shall be pursuant
to vouchers from the third-party professionals or consultants stating
the hours spent, the hourly rate and the fees, costs, expenses and
charges incurred;
(6)
Third-party professionals and consultant submitted charges pursuant
to this section shall be permitted to charge for such services at
the same rates as they would charge their private clients for like
or similar work, provided that:
(a)
Professional fees are billed at rates that do not exceed such
professional fees as are customarily charged by other like professionals
and consultants performing similar work within Ocean County; and
(b)
Out-of-pocket costs, expenses and charges are billed on a dollar-for-dollar
basis with no mark-up being permitted.
(7)
The Township shall render a written final accounting to the
applicant on the uses to which the escrow deposit was put. The written
final accounting shall include copies of all vouchers that were submitted
by third-party professionals and consultants and paid by the Township.
[Added 7-5-2022 by Ord.
No. 2022-14]
A.
An applicant whose siting permit includes the installation of any
new smart pole structure as defined by this section shall provide
the Township with access to any of the technological features that
are a component the new smart pole structure such as, for example,
public access, Wi-Fi, 911 call service or security cameras, before
the applicant offers such access to any other person or entity.
B.
Should the Township decide to utilize any such technological features
then the Township, on an annual basis, shall reimburse the applicant
or the subsequent owner of the structure, the costs, on a dollar-for-dollar
basis, of providing the Township with such access. Such costs shall
be limited to the costs of providing electricity to the components
used by the Township and the costs of any repairs required to be made
to the components used by the Township, unless the repairs costs are
necessitated by the acts of the applicant or subsequent owner of the
structure, without regard to whether such acts are negligent or intentional.
[Added 8-16-99 by Ord. No. 1999-24; amended 5-7-12 by Ord. No. 2012-07]
The minimum building lot requirements in each of the above specified
districts shall be defined in the Schedule of Area, Yard and Building
Requirements attached hereto and adopted as part of this chapter.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included as an attachment to this chapter.
A.
The purpose of this section is to provide a method of developing
land in certain districts to set aside desirable open spaces, common
property, conservation areas, floodplains, school sites, recreation
areas and parks. The generation of these area is brought about by
permitting reduction in lot sizes without increasing the number of
lots.
B.
Cluster developments may be approved at the discretion of the Board
in accordance with the following standards:
(1)
All dwelling units shall be connected to approved and functioning
central water and sanitary sewer treatment systems.
(2)
The maximum number of lots shall be expressed in lots per gross acre
of land as set forth in this section.
(3)
A cluster development must consist of a least one (1) or more contiguous
tracts of land containing not less than thirty (30) acres.
C.
All open space land shall meet the following requirements:
(1)
The minimum size of any parcel shall be two (2) acres.
(2)
It shall be an integral part of the development and shall be located
to best suit the purpose(s) for which it is intended.
(3)
Every parcel offered to and accepted by the Township shall be conveyed
by deed at the same time final plat approval is granted, and such
acceptance is subject to any conditions the Township may impose. Said
deeds shall contain restrictions stating to what use(s) such land(s)
shall be restricted.
(4)
Any lands offered to the Township shall be subject to approval by
the governing body after review and recommendation by the approving
authority. The approving authority shall be guided by the Master Plan,
the ability to assemble and relate such lands to the overall plan,
the accessibility and potential utility of such land sand such existing
features as may enhance or detract from the intended use of the lands.
The approving authority may request an opinion from other agencies
or individuals as to the advisability of accepting any lands to be
offered.
(5)
Any lands dedicated for open space purposes shall contain appropriate
covenants and deed restrictions, approved by the Board, which ensure
that:
(6)
All lands set aside for open space shall be developed with active
and passive recreational facilities to service the needs of the future
resident population. The Board shall have complete and final determination
as to the adequacy, usefulness and functionalism of the lands set
aside for open spaces. Active and passive recreational facilities
shall include but not limited to ballfields, multipurpose fields,
tennis courts, multipurpose court areas, children's play ground equipment,
passive picnic or sitting areas, swimming pools, bicycle paths, and
jogging trails.
(7)
There shall be close visual and physical relationship between open
space and as many dwelling units as is reasonably possible. Open space
areas should weave between dwelling units generally respecting a minimum
width of fifty (50) feet and periodically widening out into significant
and usable recreational areas.
(8)
The configuration of green space area should be so arranged that
connections can be made to existing or future adjacent open spaces.
(9)
Land so dedicated for open spaces shall include natural features
such as streams, brooks, wooded areas, steep slopes and other natural
features of a scenic and conservation value. The developer may be
required to plant trees or make other similar landscaping improvements.
(10)
Development of open space and recreational facilities shall
proceed at the same rate as development of the dwelling units. To
assure compliance with this subsection, the Building Inspector shall,
from time to time following the approval of the cluster development,
review building permits and shall make an inspection of open space
and recreational facilities to examine the work taking place on the
site. If he shall determine that open space and recreational facilities
are not being developed at the same rate as dwelling units, he shall
report back to the Township Committee, which may take such action
as it may deem appropriate, including the issuance of a stop-work
notice or revocation of building permits until such time as parity
in development has been reached.
(11)
The Board may require a subdivider to make certain site preparation
improvements to the open spaces. The Board may provide that said site
preparation improvements are made a part of the plan and are noted
therein. Some may include the following:
(a)
Removal of dead or deceased trees.
(b)
Thinning of trees or other growth to encourage more desirable
growth.
(c)
Removal of trees in areas planted for ponds, lakes or active
recreational facilities. The Board may require the assistance of experts
to determine the foregoing.
(d)
Grading and seeding.
(e)
Improvement or protection of the natural drainage system by
the use of protective structures, stabilization measures and similar
improvements.
(12)
Whenever possible, all the following land areas and features
shall be preserved as open space:
(13)
Building lot standards. Whenever possible, buildings shall front
on culs-de-sac, loop streets of P-loops. Only rear lot lines of proposed
building lots shall abut rear or side lot lines of the tract of land
proposed for development.
(14)
Utilities. All utilities shall be underground, and water sewerage
facilities shall be centralized, with no individual wells, septic
tanks, or cesspools permitted.
D.
Districts Permitted.
(2)
The exercise of the clustering option shall be contingent upon the
availability and provision of public/private sanitary sewer facilities
and potable water supply. Plan review shall be required by the appropriate
municipal agency for all cluster developments. All submissions, review
procedures, development review fees, site plan regulations, permits
and approvals, design and performance standards, zoning district regulations
and compliance shall conform to the provisions as set forth in this
chapter.
E.
Required Findings by the Planning Board. Prior to granting approval
of any cluster (reduced lot size) development election the Planning
Board must find that:
(1)
Sanitary sewer collection and treatment facilities are available
to and are to be provided to the proposed development.
(2)
The proposal will produce economy in layout and design.
(3)
The proposal is not inconsistent with and will not create hazards
relating to traffic patterns already established by surrounding development.
(4)
Open space to be created by the proposal must be suitable for passive
or active recreational uses and/or valuable for the protection of
the natural environment and/or necessary for a public or quasi-public
purpose.
(5)
There is reasonable assurance that the improvement and maintenance
of the open space can be secured by the methods and arrangement proposed
by the developer.
(6)
The proposal is consistent with the intent and purposes of the Master
Plan.
F.
Maximum Density. The maximum density of residential building lots
for cluster development in each of the specified districts shall be
as defined in the Schedule of Area, Yard and Building Requirements
attached hereto and adopted as part of this chapter. In any event,
the overall permitted density shall be calculated on a gross-acreage
basis where gross acreage is the entire area of the tract prior to
development. The density and the open space requirements for each
of the specified districts is as follows:
|
Zone
|
Dwelling Units Per Gross Acre
|
Percentage of Open Space
|
|---|---|---|
|
PW
|
0.31
|
20
|
|
RC-7.5
|
3.00
|
20
|
G.
Area, Yard and Setback Requirements. The minimum building lot requirements
for cluster development in each of the specified districts shall be
as defined in the Schedule of Area, Yard and Building requirements
attached hereto and adopted as part of this chapter.
[Amended 11-20-95 by Ord. No. 1995-49 § 2; 8-5-96 by Ord. No. 1996-23; 8-17-98 by Ord. No. 1998-13 § 3]
A.
There is hereby created a Barnegat Historic District within the Township
of Barnegat, the boundaries of which are located within portions of
the R-7.5 Zone and the C-V Zone. The regulations therein are contained
below and will be in addition to those otherwise in force in the district.
In addition, all structures listed in the Barnegat Historic District
National Register of Historic Places Nomination Form are hereby designated
as landmarks. The regulations pursuant to this designation are contained
below and shall be in addition to those otherwise in force in the
zoning district of which the landmarks are a part.
(1)
The purpose of the zone is to acknowledge the special and unique
character of Barnegat's village area and to provide special provisions
designed to preserve and protect the historical nature of the village,
while at the same time encouraging renovation and new construction
compatible with existing aesthetic patterns to promote and continue
the revitalization of Barnegat's downtown area. The intent of all
standards in the Barnegat Historic District is to safeguard the heritage
of the Township by preserving that part of the Township which reflects
elements of its cultural, social, economic and architectural history
and to promote the use of historic area for the education, pleasure
and welfare of the citizens of the Township and its visitors.
No building or structure shall be erected, reconstructed, demolished,
altered or restored and no use shall be made of any land in the Barnegat
Historic District until the Planning Board, or its designated Site
Plan Review Subcommittee, approves the site plan therefor in accordance
with the following standards:
(a)
The Planning Board, in passing appropriateness of exterior architectural
features, in any case, shall keep in mind the purpose set forth in
this section and shall consider, among other things, the general design
arrangements and material of the building or structure in question
and relationship of such factors to similar features of historic structures
in the immediate surroundings and the position of such structures
in relationship to the street or public way and each other.
(b)
The Planning Board shall not make any requirements except for
the purpose of preventing developments obviously incongruous to the
historic aspects of the surroundings.
(c)
The Planning Board shall be lenient in its judgment of plans
for new construction or for alterations, repair or demolition of structures
of little historical value which are within the District, except where
such construction, alteration, repair or demolition would seriously
impair the historic value and character of surrounding structures
of the surrounding area.
(d)
The Planning Board shall provide encouragement that any alterations
or repairs to structures in the Historic District be made in the spirit
of their architectural style and that any additions will be made in
such manner as not to detract from a building's original appearance.
(e)
It is the intent of this section that the Planning Board be
strict in its judgment of plans for alterations, repairs or demolition
of existing structures deemed valuable according to studies, approved
by the Planning Board of the Township of Barnegat by qualified persons.
Small additions and construction to existing properties in the Barnegat
Historic District, such as decks, porches, garages and the like, which
are not visible from the street have minimal or no impact on the historic
character of the area, may be reviewed and approved by the Planning
Board staff and Township Planner upon notice to the full Planning
Board of such action.
The aforesaid application shall be submitted by the Administrative
Officer to the Historic Preservation Commission for a report and recommendations
in accordance with N.J.S.A. 40:55D-111.
The Secretary of the Historic Preservation Commission shall,
upon receipt of the application for a permit/certificate of appropriateness,
schedule the application for a hearing and shall give written notice
to the applicant. The Commission's hearing and deliberations shall
be conducted in accordance with the Open Public Meetings Act. Hearings
relating to applications for demolition or relocation permits shall
be public hearings advertised in the manner provided by N.J.S.A. 40:55D-1
et seq. The applicant shall be responsible for providing the required
notice.
B.
In its deliberations, the Historic Preservation Commission shall
consider and make specific findings upon whether the applicant may
make any reasonable use of the subject property (as permitted by the
applicable zoning ordinance) in the event that the application should
be denied or granted with conditions. No application may be denied
or conditioned in the absence of a specific finding by the Commission
that such denial or condition of approval will not render the property
useless for a permitted use.
C.
In the case of a referral by the Administrative Officer of a minor application for the issuance of a permit pertaining to historic sites or property in the Historic District, as defined in this chapter, the Chairperson of the Historic Preservation Commission is authorized to act in place of the full Commission for purposes of this section; and, the Site Plan Review Subcommittee of the Planning Board is authorized to act in place of the full Board pursuant to N.J.S.A. 40:55D-111 and § 55-141D.
D.
Design and Area Requirements.
(1)
All provisions of the design and performance standards for all development,
including specifically landscaping, parking and loading, lighting
and sign standard, shall be met.
(2)
Where a lot is situated between two (2) lots, each of which is developed
with a principal building, the minimum front yard requirement of such
lot may be the average of the front yards of said existing buildings
but in no case shall the front yard setback be less than ten (10)
feet. The side and rear yard setbacks shall conform to the requirements
of the zoning district in which the property is located.
(3)
All buildings or uses of land in the Barnegat Historic District shall
be served by public sewer and water. Renovations or conversions which
result in additional units and do not constitute a sewer extension
under applicable Department of Environmental Protection regulations
may use any original sewer connection upon payment of such additional
connection fees as are necessary to equal the number of additional
units.
[Added 5-7-12 by Ord. No. 2012-05]
[Added 5-7-12 by Ord. No. 2012-05]
A.
To create a new Town Center area as an overlay along the Route 9
corridor approximately from the intersection of Route 9 and Barnegat
Boulevard North to just before the intersection of Route 9 and Gunning
River Road, excluding the Historic District, and along the Bay Avenue
corridor from Water Street westward to the Garden State Parkway as
designated herein and shown on the Barnegat Township Zoning Map.
B.
To promote compact mixed-use development in the Town Center that
is predominately comprised of commercial uses in order to provide
goods and services to Township residents and visitors.
C.
To encourage development and redevelopment within the Town Center
rather than within less developed, more environmentally sensitive
land areas of the Township.
D.
To add new overlay zoning designations TC-CPHD, TC-CN, and TC-CV
to identify the Town Center area and provide standards for development
within the new overlay zones.
E.
This ordinance has been prepared in accordance with the December
7, 2011 Initial Plan Endorsement that Barnegat Township received from
the State Planning Commission and the 2011 Barnegat Township Master
Plan.
[Added 5-7-12 by Ord. No. 2012-05]
A.
To promote a desirable mixed-use development consisting of predominantly
commercial, office and civic land uses and a lesser amount of residential
dwellings above the first floor within a vibrant, pedestrian-friendly
town center environment with an emphasis on uses that serve local
and community needs. Encourage pedestrian flow throughout the area
by generally permitting mixed-use buildings, shared parking and cross
accesses.
B.
To encourage an interconnected street system in order to ensure that
streets will function in an interdependent manner, to provide adequate
access for emergency and service vehicles, to connect neighborhoods,
to promote walking and biking, to reduce miles of travel that result
in lower air emissions and wear on the roadway, and to provide continuous
and comprehensible traffic routes.
C.
To encourage design compatibility with existing development that
considers building height, materials, colors, landscaping and signage,
connectivity, shared off-street parking and stormwater detention facilities,
require off-street parking to the side and rear of the building that
is well screened from public view, control the means of vehicular
access and coordinate internal pedestrian and vehicular traffic flows
related to existing and proposed development patterns. All development
shall reflect traditional Town Center planning and design principles,
including the following:
(1)
Provide a layout of buildings, open spaces and parking lot edges
that encourage sidewalk and pathway interconnections.
(2)
Promote cross access and shared access to reduce the number
of driveways along Route 9 and West Bay Avenue.
(3)
Provide for focal points such as small parks or squares and
other open spaces, as appropriate, such that a sense of place is created
or strengthened.
(4)
Promote the transition of land development into the Town Center
that exhibits the design features of a traditional mixed-use neighborhood
that promotes pedestrian circulation, social gathering and interaction
amongst commercial establishments supporting and providing service
to the residents of the community.
(5)
Create a district that enhances a feeling of security and incorporates
design elements that maximize the number of "eyes on the street."
(6)
Encourage mixed-use buildings with neighborhood-serving retail,
service, and other uses on the ground floor and residential units
above the nonresidential space.
(7)
Promote the design and arrangement of buildings in a manner
that advances "green building" and sustainability principles and practices.
(8)
Promote the creation of a district with architectural facade
design and building scale typical for a mixed-use neighborhood that
will maintain Barnegat Township's historic character.
(9)
Promote uses that will generate economic development opportunities
for the Township of Barnegat and ensure long-term economic vibrancy
of the Town Center area of the Township.
[Added 5-7-12 by Ord. No. 2012-05]
An establishment where patients are admitted for examination
and treatment on an outpatient basis by physicians, dentists, or other
medical personnel, psychologists or social workers and where such
examination and treatment generally requires a stay of less than twenty-four
(24) hours. Medical offices for employees that are incidental to the
primary use of the facility as an ambulatory health care facility
are permitted.
Typically the Planning Board or Zoning Board of Adjustment
for nonresidential development in the Town Center zoning districts;
however, it can also mean an outside agency or other approving authority
in accordance with their jurisdiction.
Any building, land area or other premises or portion thereof,
used for the retail dispensing or sales of motor vehicle fuels, including
alternative fuels and energy for licensed motorized vehicles, with
or without the accessory sale of lubricants, and automotive accessories
or with or without an ancillary convenience store or mini-mart for
the sale of snacks, beverages, food staples such as milk and bread,
and travel accessories such as sunglasses, aspirin, etc., or with
or without automotive services such as lubrication, oil changing,
maintenance, or car washing and detailing. No vehicle repairs or painting
or the storage of inoperable or unregistered vehicles shall be permitted.
Additionally, no car or truck rental, sales, parking for a fee or
other activity not specifically part of the automotive service station
use shall be permitted.
Owner-occupied dwellings providing overnight guest accommodations
and prepared meals to transients for compensation. A bed and breakfast
inn shall contain no more than ten (10) guest rooms; provide a minimum
of two (2) off-street, on-site parking spaces plus one (1) space per
guest room; restrict the duration of the stay of patrons to a maximum
of fourteen (14) consecutive nights; and restrict the service of meals
to overnight guests. Individual kitchen facilities or kitchenettes
in the guest rooms shall be prohibited.
Boutique hotels are small properties, marketed on bringing
unique, location-specific experiences to travelers, comprised of no
more than fifty (50) rooms that emphasize personalized service and
keep a low guest-to-staff ratio.
A system of streets with multiple routes and connections
serving the same origins and destination.
A facility to store and maintain the supplies and operational
equipment associated with a contractor's business for usage or disposal
at a later date at another location off site. Such equipment and/or
supplies shall be stored within a completely enclosed building or
structure. The facility may also be comprised of an office with an
ancillary storage use. Outdoor storage of materials and equipment
is not permitted.
Typically a store dedicated to the selling of foodstuffs and/or general merchandise which is specifically designed to provide a limited stock-in-trade and which caters to quick-in-and-out shopping. A convenience store may contain a delicatessen or a prepared food section. A convenience store may not contain any amusement machines. At no point should services such as gasoline dispensing or check cashing be construed as included within the parameters of the definition of a convenience store. Certain text been incorporated within the conditional use criteria in Section 55-34.7C(5) of this ordinance.
The square footage or other measurement by which the building
occupies the land is defined as the aggregate of the maximum horizontal
cross-sectional area of the building, excluding cornices, eaves, gutters,
rakeboards or chimneys not projecting more than eighteen (18) inches,
and excluding landings, steps, and uncovered decks and terraces which
are less than sixteen (16) inches above natural elevation.
A service that converts hard copy files into a digital format,
which can then be stored on CDs, USB flash drives, disc storage, a
computer server or similar data storage systems.
A type of development designed to be versatile, which may
be used in combination with office (corporate headquarters), research
and development and quasi-retail sales with all operations conducted
within an enclosed structure.
1) A room or building devoted to the exhibition of works
of art; 2) an institution or business exhibiting or dealing in works
of art.
A commercial establishment selling plants and garden products,
seeds, fertilizer, tools and other related items primarily at retail
to the public.
An establishment where health care services such as blood
tests and similar health care tests and services are administered
to patients. Medical offices for employees that are incidental to
the primary use of the facility as a health care service facility
are permitted.
Any structure, surface, or improvement that reduces and/or
prevents absorption of stormwater into land.
The use of any premises, structure, building or part of a
building or place for purposes of low intensity manufacturing uses
such as workshops for sculptures, woodworking, glass blowing, pottery,
catering, candle-making, gourmet soaps, culinary classes, flower arrangement
classes and similar uses, and technology centers and uses. All operations
should be conducted within an enclosed structure. Access and compatibility
with the surrounding uses are the most important criteria for the
location of light industrial uses. The use shall not create any hazardous
on-site or off-site impacts from smoke, particulates or other air
pollution, groundwater pollution, odors, noise, glare, heat, vibration,
radiation, fire or explosion hazard, or other hazardous conditions,
and shall be developed in accordance with the standards set forth
within this ordinance in terms of buffers, environmental impacts,
and separation from incompatible uses.
A brewery holding a limited brewery license issued by the
State of New Jersey as defined by N.J.S.A. 33:1-10(b) that prepares
handcrafted natural beer in accordance with N.J.S.A. 33:1-10(b), Limited
Brewery License. The sale of any product not created on site is prohibited.
[Added 10-6-2020 by Ord. No. 2020-12]
An integrated housing unit and working space, occupied and
utilized by a single household in a structure that has been designed
or structurally modified to accommodate joint residential occupancy
and work activity with no residential activity permitted on the first
floor and which includes:
Complete kitchen space and sanitary facilities in compliance
with the building code within the residential portion of the structure;
and
Working space reserved for and regularly used by one or more
occupants of the unit. The scope of definition of live/work space
permits a residential use above the first floor and shall by no means
be construed to include a combination of office and residential uses
above the first floor.
An establishment or place of business operated by a medical
practitioner or professional physical therapist or other similar professions
licensed by the State of New Jersey and providing the services of
facials and body massages, including exercise, heat and light treatments
of the body and all forms and methods of physical therapy. Excluded
from the scope of this definition are establishments not licensed
by the State of New Jersey and those providing any form of consideration
or gratuity, massage, alcohol rub, administration of fomentations,
electric or magnetic treatments, or any other treatment or manipulation
of the human body that occurs as part of or in connection with sexual
activities; or where any person providing such treatment, manipulation
or service related thereto is not fully clothed.
Any building containing more than one permitted or conditional
use where nonresidential uses are located on the ground floor and
residential or non-residential uses such as offices are located on
any additional floors.
Development consisting of adjacent but separate buildings
that function as one (1) cohesive development in terms of access and
connectivity.
A business establishment which does not offer a product or
merchandise for sale to the public but offers a service to the public.
The following uses are not considered business office uses: establishments
offering personal services (such as barbershops and beauty shops),
repair services (such as radio and television repair shops), retail
uses, and banks.
An office of a member of a recognized profession, maintained
for the conduct of their profession. Such professions shall be limited
to those of law, architecture, engineering, art, religion, music,
accounting, insurance services, real estate brokers, and other professions
which require a small degree of formal training and experience.
Any eating establishment where food and other refreshments
are served upon the public right-of-way, namely the sidewalks immediately
in front of any restaurant, cafe, cafeteria or place of business where
food and/or other refreshments are served, or where permitted on private
property pursuant to the Land Use Ordinance.
A delineated space within a commercial property designed
to contain a freestanding use that shares parking with the other uses
on the larger commercial property.
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel including
but not limited to uses such as barbers, beauticians, nail salons,
hairdressers, interior decorating services, shoe repair persons, tailors,
dry cleaners, laundromats, mailing services, printing services, photo
studios, and travel agencies. Such services shall not include animal
grooming establishments, tattoo and body art parlors and massage parlors
as defined herein.
A place designed and equipped for the conduct of sports and
leisure time activities within an enclosed space such as gymnasiums,
health and fitness clubs, indoor tennis and racquetball courts, theatres,
ballet and other dance studios, bowling alleys and indoor swimming
pools.
A place designed and equipped for sports and leisure time
activities that contains uses including, but not limited to, golf
driving ranges, golf training centers, health and racquet clubs, fitness
centers, swimming pools, tennis courts, badminton courts, table tennis
facilities, shuffleboard courts, handball courts, horseshoe pits and
similar recreational uses.
Any establishment, however designated, at which prepared
food and beverage are sold primarily for consumption on the premises,
only at tables and served by waiters and waitresses at said tables
within a building, and in which an ancillary microbrewery is contained.
A dining establishment providing outdoor dining facilities as part
of an approved site plan shall also be considered a restaurant under
this definition. Those restaurants where a majority of prepared food
is consumed only at tables on the premises and served by waiters or
waitresses at said tables shall not be deemed fast food restaurants
regardless of whether or not a customer may purchase food for consumption
elsewhere. A dining establishment holding a liquor license may also
have the option of serving food at the bar and still be considered
a restaurant under this definition.
Establishments engaged in the selling or rental of goods
or merchandise for personal or household consumption and rendering
services incidental to the sale of such goods excluding auction markets,
flea markets, motor vehicle sales, lumberyards, adult bookstores or
sex shops, and pawn shops.
A facility that conducts retail wine sales and sales of related
products such as wine tasting, wine care and small-scale home wine
production equipment, cheeses and other food products commonly associated
with wine consumption and similar items for sale to the general public.
Small-scale wine production, classes in wine production and related
topics for the general public, and wine tasting are also permitted
in conjunction with this use.
See Massage Parlors.
1) The workshop of an artist, sculptor, photographer or a
craftsperson; 2) a place for radio or television or film production;
3) instructional or exhibition facilities for art, music, dance, fitness
or other similar uses, excluding tattoo or body art parlors.
A building or facility that is devoted towards the promotion
of healthy living as well as the prevention of illness and disease
run by any number of physicians or certified licensed practitioners
who can practice a wide variety of medicine. These facilities promote
health care through fitness, dietary needs, psychological aid, and
other more direct medical practices, where a patron can sometimes
talk to a physician directly for a diagnosis of a specific problem,
or can arrange for a treatment such as massage from a licensed and
trained therapist.
[Added 5-7-12 by Ord. No. 2012-05]
This ordinance shall apply to development, redevelopment, or
additions or alterations to existing commercial sites within the Town
Center unless specifically listed under each Town Center zone. The
bulk standards applicable to residential uses in existence as of the
adoption date of this ordinance (adopted May 7, 2012) shall remain
unchanged, for the purpose of additions, repairs, renovations, restoration
and accessory uses. As of the date of the adoption of this ordinance,
no new residential uses shall be permitted in the Town Center except
as expressly provided for herein.
[Added 5-7-12 by Ord. No. 2012-05]
The following Town Center overlay zones are hereby created, and integrated in the Land Use Code of the Township of Barnegat, and Section 55-6, Designation of Zoning districts and Section 55-31, Schedule of Area, Yard, and Building requirements shown in Appendix A are hereby amended to add the following Town Center Overlay Zones.
A.
TC-CPHD — Town Center Planned Highway Development Commercial.
B.
TC- CN — Town Center Neighborhood Commercial.
C.
TC- CV — Town Center Village Commercial.
D.
In addition to the minimum building requirements set forth in Appendix
A, the following standards shall apply in the Town Center overlay
zones:
(1)
If a commercial parcel is to be developed between two (2) existing
commercial parcels, the front yard setback may be the average of the
adjoining properties on either side or comply with the standards set
forth within the bulk zoning standards for that zone;
(2)
Side yard setbacks may be reduced to zero (0) feet to create
an alley or interconnection between commercial properties;
(3)
Any commercial development adjoining a residential property
or residential zone to the side shall maintain a minimum side yard
setback of ten (10) feet on the side adjoining such a use or zone;
(4)
Any commercial development adjoining a residential property
or zone to the rear shall have a minimum fifty (50) foot rear yard
setback;
(5)
The maximum floor area ratio shall be 2.0 for mixed-use buildings
and 1.25 for all other buildings;
(6)
Mechanical equipment, chimneys, air conditioners, elevator penthouses,
church spires and steeples, and similar appurtenances necessary to
the operation of the building as well as decorative architectural
elements to screen them from view shall be exempted from the height
restrictions so long as they do not exceed the maximum height by more
than ten (10) feet.
(7)
Bulk standards for residential properties in the Town Center
in existence as of the date of adoption of this ordinance (adopted
May 7, 2012) remain unchanged, except that an accessory apartment
with a minimum of seven hundred (700) square feet shall be permitted
so long as the parking requirements can be met on site. If the apartment
is deed restricted as an affordable housing unit, then the accessory
apartment shall meet all applicable standards of Barnegat Township's
Housing Element and Fair Share Plan and applicable affordable housing
regulations.
(8)
Pedestrian circulation routes and amenities must be constructed
and maintained as depicted on an approved site plan.
(9)
No vending machines, outdoor products, propane tank exchange
facilities, seasonal products or similar products are permitted to
obstruct any sidewalk or pedestrian and bicycle circulation route.
(10)
No outdoor storage is permitted within the front yard area.
(11)
No displays, propane tank exchange or sales facilities or other
outdoor items shall be placed within a pedestrian walkway or sidewalk
unless approval from the Township has been obtained. No propane exchange
or sales facilities shall be installed without the approval from the
Township Planning Board or Zoning Board.
(12)
Impervious surfaces are permitted to cover no more than 70%
of the lot area.
[Added 6-2-14 by Ord. No. 2014-10]
[Added 5-7-12 by Ord. No. 2012-05]
A.
Parking.
(1)
Parking calculations shall be in accordance with the minimum parking standards contained within Section 55-173, Minimum Parking Requirements. If Section 55-173 does not contain a minimum parking requirement for a proposed use, the minimum parking requirement shall be in accordance with the latest edition of the Trip Generation Report from the Institute of Transportation Engineers.
B.
Connectivity.
(1)
A proposed development shall provide multiple direct connections
in its local street system to and between local destinations, such
as parks, schools, and shopping, without requiring the use of arterial
streets.
(2)
Each development shall incorporate and continue all collector
or local streets stubbed to the boundary of the development plan by
previously approved but unbuilt development or existing development.
(3)
No dead-end streets shall be permitted except in cases where
such streets are designed to connect with future streets on abutting
land, in which case a temporary turnaround easement at the end of
the street with a diameter of at least one hundred (100) feet must
be dedicated and constructed.
(5)
To ensure future street connections where a proposed development
abuts unplatted land or a future development phase of the same development,
street stubs shall be provided to provide access to all abutting properties
or to logically extend the street system into the surrounding area.
All street stubs shall be provided with temporary turn-around or culs-de-sac
and the restoration and extension of the street shall be the responsibility
of any future developer of the abutting land.
(6)
Streets within and contiguous to the subdivision shall be coordinated
and aligned with other existing or planned streets within the general
area with respect to location, widths, grades and drainage.
(7)
Street connections shall be spaced at intervals not to exceed
six hundred sixty (660) feet (1/8 mile) along each boundary that abuts
potentially developable or redevelopable land. Blocks longer than
four hundred (400) feet in length shall have a mid-block pedestrian
pathway connecting adjacent blocks.
(8)
Gated street entryways into residential developments shall be
prohibited.
(9)
Pedestrian connections.
(a)
Pedestrian connections shall be provided to abutting open space,
Town Center commercial sites and streets.
(b)
Walkways shall provide pedestrian access through parking lots
from street sidewalks to building entries. Walkways shall be located
and aligned to directly and continuously connect areas or points of
pedestrian origin and destination, and shall not be located and aligned
solely based on the outline of a parking lot configuration unless
such a configuration allows for direct pedestrian access.
(c)
Such walkways shall have a paved surface not less than [five]
feet in width and shall be grade separated from the parking lot or
otherwise delineated with pavement markings, planters, or alternate
paving material.
(d)
Where the primary pedestrian access to the site crosses drive
aisles or internal roadways, the pedestrian crossing shall emphasize
and place priority on pedestrian access and safety. The material and
layout shall be continuous as the pedestrian access crosses the driveway,
with a break in continuity of the driveway paving and not in the pedestrian
access way.
(e)
The entirety of the on-site pedestrian walkway system shall
be marked and defined using pavement treatments, signs, striping,
lighting, median refuge areas, and landscaping, as appropriate.
C.
E.
Alleys.
(1)
An alley shall not be considered a street for the purposes of
measuring required front yard setbacks unless the alley provides the
only means of access to the lot.
(2)
Alleys are permitted in the Town Center Zones in accordance
with the following standards:
(a)
Alleys shall be a minimum of eleven (11) feet in width provided
that adequate access for emergency services is provided at the front
and rear of the structure. In cases where adequate emergency services
access is not provided at the front and rear of the structure, the
alleyway shall be a minimum of twenty-four (24) feet in width and
fully paved in accordance with applicable regulations to support the
weight of emergency services vehicles and equipment.
(b)
Alleys are not permitted to dead end or terminate in a cul-de-sac.
(c)
Any permitted traffic flow shall be one-way.
(d)
No parking shall be permitted within the alleyway.
(e)
Where two (2) alleys intersect each other at or near ninety
(90) degrees or where there are bends in an alley that approach ninety
(90) degrees, the inside corner of the pavement shall have a radius
of approximately twelve (12) feet.
(f)
Doors that open into the alley must be clearly marked and have
a railing of a minimum of three (3) feet in height that envelopes
the path of the door movement in order to prevent potential conflict
with pedestrian movements.
(g)
Where vehicular access is permitted within alleyways the speed
limit shall be ten (10) miles per hour or less.
(h)
Drainage shall be designed as inverted center line with inlets
prior to roadway intersections.
(i)
Sidewalks must cross alleys at grade.
(j)
Lighting should be provided at all corners and at 50-foot intervals.
(k)
Pavement, pavers, crushed stone or other stabilized turf is
required.
[Added 5-7-12 by Ord. No. 2012-05]
The following regulations apply in the TC-CPHD Zone.
A.
Permitted Uses. As noted in Table 1, included at the end of this
section.
B.
Accessory and Temporary Uses. As noted in Table 1, in accordance
with the provisions of this chapter and as noted herein.
(1)
Accessory apartments are permitted on floors above commercial
uses. The total square footage of accessory apartment units shall
not exceed the total square footage of nonresidential space within
a mixed-use building. Units shall be deed restricted for very low-,
low- and moderate-income households in accordance with affordability
requirements for accessory apartments.
[Amended 5-24-2018 by Ord. No. 2018-16]
(2)
Outdoor dining areas on restaurant sites as per the following
criteria.
(a)
It shall be unlawful for any person, firm, partnership, corporation,
association or organization of any kind (hereinafter collectively
referred to as "person") to create, establish, operate, maintain or
otherwise be engaged in the business of conducting an outdoor cafe
upon the sidewalks of the Township of Barnegat, or on private property,
unless such person shall hold a currently valid license issued pursuant
to the terms of this ordinance.
(b)
No license shall be issued hereunder unless the licensee shall
demonstrate that a minimum of six (6) feet from the curb edge will
be available for pedestrian traffic around such outdoor cafe and that
such outdoor cafe be directly in front of an eating establishment
as hereinabove defined. No food or drinks served at such outdoor cafe
shall be prepared or stored other than in the interior of the eating
establishment. The phrase "directly in front of," shall confine the
cafe to the area represented by an extension of each side of the store
occupied by the eating establishment projected directly to the curbline
immediately in front thereof.
(c)
Application for the license required hereunder shall be made
to the Construction Code Official and shall be signed by the applicant.
The application shall contain the following information:
[1]
The name, residence address and telephone number of each individual,
owner, partner or if a domestic corporation, the names, residence
addresses and telephone numbers of the directors and officers owning
a ten percent (10%) or greater interest in the corporation and the
chief operating executive of the corporation and if a nondomestic
corporation, the name, residence address and telephone number of the
managing officer for service of process within the State of New Jersey
and a copy of the qualification of said nondomestic corporation to
conduct business in the State of New Jersey.
[2]
A copy of the trade, corporate, business or fictitious name
upon which the applicant intends to do business pursuant to this ordinance.
[3]
The address and description of each place where the applicant
intends to establish or operate an outdoor cafe.
[4]
The name and address of the person owning the premises, if other
than the applicant, and the consent of the owner of the premises to
the application.
[5]
Three (3) sets of a proposed layout plan containing scaled drawings
prepared by a licensed professional architect or engineer clearly
illustrating the number, type of materials, color and location of
all tables, chairs, umbrellas, or other furnishings or fixtures intended
to be located in the outdoor cafe. All tables and chairs must be constructed
of material of sufficient weight so as to not be affected by high
winds. The perimeter of the outdoor cafe shall be defined and set
off by a portable type enclosure which may include live potted plantings
on Township property. The enclosure shall define the perimeter of
the area to be used as an outdoor cafe and shall separate it from
the pedestrians traversing the adjacent sidewalk. The enclosure shall
not contain doors or windows nor air-conditioning or heating equipment
and shall be open at all times to the air and the barrier shall not
have a height of more than three (3) feet. Awnings or outdoor umbrellas
extending over the enclosure are permitted providing the lowest portion
of the awning or umbrella is not less than seven (7) feet above the
adjacent sidewalk and does not extend more than one (1) foot beyond
the enclosure.
[6]
The scaled drawings shall also illustrate the following:
[a]
The location of any doors leading from the eating
establishment to the outdoor cafe. No such doors may be obstructed
in any manner.
[b]
The number of feet and location of unobstructed
space permitting free passage of pedestrian traffic around each outdoor
cafe.
[c]
The location of the place where any food or drink
is intended to be prepared.
[d]
The enclosure or protective barrier separating
the eating and serving area of each outdoor cafe from pedestrian traffic
which shall be indicated by a plan, elevation and section.
[e]
The location of all bus stops, fire hydrants, utility
poles, benches, handicap ramps, street furniture, trees, and any other
fixtures permanently located on the sidewalk in front of the eating
establishment or within ten (10) feet thereof on either or any side.
[f]
The type and location of any proposed outdoor lighting
and fixtures should include the following information: mounting height,
lamp type and lumens. Any open flame type fixture shall only be permitted
with the approval of the Fire Official.
[g]
An application fee as set forth within the Code
of the Township of Barnegat.
[7]
The Construction Code Official will review the application for
completeness and compliance with the terms of this ordinance. If the
application is complete, the Construction Code Official will act upon
the same within ten (10) business days after the application becomes
complete. If the application is not complete, the Construction Code
Official will so notify the applicant within ten (10) business days
of the submission and specifically detail the areas in which the application
lacks compliance with the requirements of this ordinance.
[8]
If the application complies with the ordinance, the Construction
Code Official shall issue a license strictly subject to the terms
and conditions of this ordinance.
[9]
The license is personal to the applicant and any change or transfer
of ownership of the outdoor cafe shall terminate the license and shall
require new application and a new license in conformance with all
of the requirements of this ordinance.
[10]
Acceptance of the license by the applicant shall
operate as a consent to the Health, Fire, Police and Building Officials
of the Township to inspect the outdoor dining area for continued compliance
with the terms and conditions of this ordinance and any Federal, State,
County or local law, ordinance or regulation affecting the same.
[11]
No license required by this ordinance shall be
granted to any person to operate an outdoor cafe until such person
shall have filed with the Construction Code Official a statement agreeing
to indemnify and hold harmless the Township of Barnegat, its agents,
servants, representatives or employees from any or all claims, damages,
judgment costs or expenses including attorneys, fees, which they or
any of them may incur or be required to pay because of any personal
injury, including death, or property damage suffered by any person
or persons as a result of or related in any way to the operation and
maintenance of the outdoor cafe for which the license is issued.
[12]
Any license issued hereunder is issued solely
as a revocable license, which shall be subject to revocation or suspension
by the Township Clerk for failure of any licensee to comply with this
ordinance or for violation of any other applicable Federal, State,
County or municipal law, regulation or ordinance. Any license issued
hereunder is issued upon the express understanding that the licensee
obtains no property right thereunder, nor any interest in the continuation
of said license.
[13]
It shall be unlawful for any person to operate
an outdoor cafe after the suspension or termination of the applicable
license.
[14]
Each licensee is responsible for keeping the area
of the outdoor cafe and the adjacent walks and streets free and clear
of any debris or litter occasioned by the cafe. Areas must be cleaned
as needed and at the time that business is closed and at the beginning
of each business day, but not later than 9:00 a.m.
[15]
No vending machines of any kind are permitted
on the exterior of any building operating an outdoor cafe.
[16]
No signs shall be permitted in the area of the outdoor cafe except signs on the awnings complying with the Sign Ordinance of the Code of the Township of Barnegat. Outdoor umbrellas located in the outdoor dining areas shall be exempt from the Sign Ordinance. There shall be no "logos" or advertising upon any umbrellas without prior approval of the Barnegat Township Planning Board. (See Section 55-181 for sign regulations.)
[17]
In addition to the powers of suspension or revocation
as set forth above, the Township reserves the right to modify, suspend
or revoke any license on ten (10) days written notice if the Township
determines that the pedestrian operation of the outdoor cafe or because
of any other safety issue within the Township because of such operation.
The license may also be suspended or revoked on ten (10) days written
notice, in the event the Township determines that it is necessary
to utilize the area of any part hereof for the maintenance or installation
of underground utilities. In the event of an emergency, which emergency
is certified by the Township Clerk, the license may be suspended or
revoked without notice.
[18]
Outdoor dining shall be permitted to operate from
April 1 to October 31 in any calendar year. The license, when issued,
shall be valid for one (1) year. If there is no change in use, a renewal
license may be issued by the Construction Code Official upon submission
of a renewal application. The applicant shall certify on the application
no change in the scope or use from the previously issued license.
[19]
No tables, chairs or other equipment used in the
outdoor cafe shall be attached, chained or in any manner affixed to
any tree, post, sign, curb or sidewalk, or property for the Township
of Barnegat within or near the licensed area.
[20]
All equipment used in connection with the operation
of an outdoor cafe shall be of sufficient size and weight to avoid
being blown about by the wind. No food items shall be served upon
any lightweight materials such as paper or styrofoam or be accompanied
by plastic utensils.
[21]
All equipment, tables, chairs, umbrellas, etc.,
pertaining to the outdoor seating area shall be removed at the end
of each and every evening and secured within the confines of the building.
No equipment, tables, chairs or any other material of any kind shall
be permitted to remain outdoors during hours in which the business
is not open to the public and operating.
[22]
The licensee agrees at the end of the license
period, or in the event that the license is temporarily or permanently
suspended or revoked, that the licensee will at his own cost and expense
vacate the sidewalk space and/or the private property and promptly
remove any property placed thereon. Failure to do so on five (5) days
written notice shall grant to the Township the right to remove any
property on the sidewalk the licensee agrees to reimburse the Township
for the cost of removing and storing the same.
[23]
The licensee shall not direct or permit to be
directed to or from the area occupied by the outdoor dining area any
bell, chime, siren, whistle, loudspeaker, public address system, radio,
sound amplifier or similar device.
[24]
No outdoor dining area shall open for business
prior to 7:00 a.m. nor remain open for business after 11:00 p.m. All
persons occupying the outdoor cafe shall vacate the same no later
than 11:30 p.m.
[25]
Table service is required.
(3)
Automated teller machines (ATM's) inside a fully enclosed principal
building.
(4)
Temporary on-site construction trailers for which permits may
be issued for periods up to one (1) year, subject to renewal as long
as construction is active.
(5)
Signs.
(6)
Off-street parking.
(7)
Accessory sheds up to one hundred eighty (180) square feet.
C.
Conditional Uses. The following uses shall be permitted in the TC-CPHD
Zone, subject to the issuance of a conditional use permit in accordance
with the provisions of this chapter.
(1)
Public utility uses, such as water towers, electric substations,
solar and renewable energy infrastructure, radio towers and transmission
lines.
(a)
Applicant must demonstrate that the proposed project does not
impair the intent and purpose of the ordinance.
(b)
Applicant must demonstrate that the proposed project does not
adversely impact the aesthetics or character of the area in which
it is proposed and that the proposed project is compatible with surrounding
land uses, especially in terms of any potential off-site impacts such
as noise generated by the proposed project.
(c)
Applicant must demonstrate that the proposed project is in accordance
with applicable regulations with regard to the safe operation of the
facility.
(d)
Submission of site plan is required when appropriate.
(2)
Public schools and education facilities.
(a)
Applicant shall submit site plans in accordance with submission
procedures to the Planning Board for a courtesy review.
(3)
Places of worship, including parish and educational buildings.
(a)
The minimum lot area shall be ten thousand (10,000) square feet.
(b)
The minimum frontage shall be one hundred (100) feet.
(c)
The maximum lot coverage shall be fifty percent (50%).
(d)
Steeple height shall be limited to the maximum building height
permitted in the zone for a single-family residence plus fifteen (15)
feet.
(e)
Notwithstanding the parking standards set within Section 55-173, off-street parking for churches within the Town Center shall be provided at the ratio of one (1) off-street parking space for each five (5) occupants which can occupy the structure during any one (1) time period. The cumulative parking demand of all activity areas within the proposed facility or structure shall be met by on-site, off-street parking areas.
(f)
Driveways shall cross the sidewalk at right angles and shall
be no more than twenty-four (24) feet wide at any point. Driveways
must be at least ten (10) feet from any side lot line and fifty (50)
feet from the intersection of the street lines. No more than two (2)
driveways shall be permitted for each one hundred (100) feet of street
frontage.
(g)
A minimum buffer of fifty (50) feet from residential zones or
uses shall be provided from all improvements, including structures
and parking facilities.
(4)
Commercial indoor recreation uses.
(a)
Parking to be provided to the side or rear of the property.
(b)
Floor area for a theater use should not exceed twenty thousand
(20,000) square feet, while other uses should not exceed ten thousand
(10,000) square feet.
(c)
Game rooms, parlors and drive-in theaters are not permitted.
(d)
Drive-through lanes are not permitted.
(e)
Indoor sports arenas, auditoriums, exhibition halls and heavily
auto dependent uses such as multiplex theaters are not permitted.
(f)
All activities must be contained within the principal building.
(5)
Convenience store.
(a)
The minimum floor area allowed is one thousand two hundred fifty
(1,250) square feet while the maximum floor area allowed is three
thousand (3,000) square feet.
(b)
There shall be a minimum distance of two thousand five hundred
(2,500) feet between two (2) convenience stores.
(c)
The convenience store shall not include services such as gasoline
dispensing or cash checking.
(d)
There shall be no manufacturing. Additionally, there shall be
no processing or assembling except that which is incidental and essential
to the food enterprise, such as the assembling of sandwiches, and
only when the processed or assembled merchandise is sold at retail
on the premises.
(6)
Fast food restaurants.
(a)
The use shall be conducted within a totally enclosed, permanent
building, excepting that tables and seating may be provided outdoors
but shall be in addition to any required indoor seating.
(b)
No drive-through lanes are permitted for fast food restaurants
located within the TC-CPHD Zone District, except on pad sites within
shopping centers in existence at the time of passage of this ordinance.
(c)
The minimum lot size shall be ten thousand (10,000) square feet,
the minimum lot frontage and width shall be one hundred (100) feet
and the minimum lot depth shall be one hundred (100) feet.
(d)
The minimum front yard setback shall be twenty (20) feet, the
minimum side yard on one (1) side shall be ten (10) feet. The minimum
rear yard setback shall be forty (40) feet.
(e)
Along any common property line with a residential use or residential
zoning district, appropriate buffers shall be provided as required
in this chapter, and the area shall be bermed if necessary, to provide
sufficient screening.
(f)
No parking shall be located along the front yard of the building.
(g)
All areas not utilized for buildings, parking, loading, access
aisles and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover, seeding or plantings and maintained in
good condition.
(h)
All fast food restaurants shall provide separate public restroom
facilities easily accessible from the interior of the building for
customer use.
(i)
All other area, yard and general requirements of the Zoning
Ordinance, engineering and design standards, site plan regulations,
procedural requirements and other applicable requirements of this
chapter must be met.
(j)
Parking as per the standards set forth for development within
the Town Center should be provided.
(k)
The applicant shall demonstrate how the design of the proposed
project will and/or mitigate adverse on-site and off-site impacts
from odors, noise, and light generated by the proposed project. In
particular, the applicant shall demonstrate effective measures to
minimize odors produced by activities on the site.
(l)
No fast food restaurant uses are permitted within three (300)
hundred feet of a residential use or zone.
(7)
Contractor storage uses are allowed as a conditional use provided
the following standards are satisfied:
(a)
Outside storage is explicitly prohibited. All storage shall
be contained within an enclosed building.
(b)
No flammable materials, hazardous chemicals or explosives shall
be permitted to be stored on site.
(c)
The servicing, repair or fabrication of motor vehicles, trailers,
equipment or appliances shall be prohibited.
(d)
No tractor trailer or other similar sized large commercial vehicles
are permitted on site at any time. Box trucks and similar vehicles
up to a total length of twenty-six (26) feet including the load, bumpers
and any other feature attached to the vehicle are permitted to access
the site provided that the applicant can demonstrate that sufficient
loading and unloading area will exist and that the vehicle can safely
navigate the site during the peak hour when the facility is operating
at full capacity.
(e)
Landscape buffer areas shall be provided in accordance with
the following requirements:
[1]
The minimum landscape buffer area provided along side and rear
yards shall be fifteen (15) feet in width and twenty-five (25) feet
if abutting a residential zone or use.
[2]
The minimum landscape buffer area provided along the street
line shall be five (5) feet in width and shall consist of plant material
that is maintained at a height no greater than three (3) feet.
[3]
One (1) loading space per twenty thousand (20,000) square feet
of indoor storage area is required unless it can be demonstrated that
no loading spaces would be needed for the contractor storage use to
operate at full capacity.
(8)
Assisted living facilities, nursing and convalescent homes and
long term care facilities in accordance with the minimum bulk standards
of the zone and the following standards:
(a)
A statement shall be submitted with the application setting
forth the full particulars regarding the use, activities and buildings.
(b)
The site shall have frontage on and have primary direct access
to and from a County road or a New Jersey State Highway or a Barnegat
Township improved road.
(c)
Minimum area, yard and building requirements.
[3]
Accessory building requirements. Accessory building requirements
shall be the same as those established for the overall zone.
[4]
Maximum building coverage shall be thirty (30%) percent.
[5]
Maximum principal building height: three (3) usable floors (stories)
and fifty (50) feet in height.
[6]
Maximum accessory building height: thirty-five (35) feet.
(d)
All support facilities, functions and services shall be intended
for the use and benefit of the resident users of the facility and
their guests.
(e)
Support services, functions and facilities within a facility
or development may include the following or similar personal services:
[1]
Indoor and outdoor recreational facilities.
[2]
Physical therapy facilities.
[3]
Entertainment facilities.
[4]
Libraries.
[5]
Food preparation facilities.
[6]
Dining facilities.
[7]
Linen service facilities.
[8]
Nursing services.
[9]
Housekeeping services.
[10]
Health care facilities and services, including
nursing beds, security facilities, administrative offices, storage
facilities, chapels, facilities for the temporary lodging of guests
and limited service facilities.
[11]
Medical day care/social day care (adult day care
services).
[12]
Personal care centers (barbers, hair salon and
personal grooming, etc.).
(f)
Parking facilities for the residents, employees and visitors
of the assisted care facility shall be provided based on a total of
the following:
[1]
One (1) space per State licensed assisted living dwelling unit.
Provided however, that the applicant shall be allowed to provide,
at the time of initial construction, one (1) parking space for every
three (3) dwelling units, but reserve an adequate area for future
construction of the additional required parking spaces should the
actual operating experience demonstrate that the amount of parking
initially provided is insufficient.
[2]
One (1) space per day-shift employee.
[3]
One (1) space per ten (10) independent living units for visitor
parking.
[4]
Where fractional spaces result in the calculation of the requirements,
the required number shall be construed to be the nearest whole number.
(g)
Any health care facility shall be licensed by and/or meet all
applicable standards of Federal, State and County regulatory agencies.
(h)
Minimum residential floor area. The requirements contained in
this paragraph are designed to promote and protect the public health,
to prevent overcrowded living conditions, to guard against the development
of substandard neighborhoods, to conserve established property values
and to contribute to the general welfare:
[Added 5-7-12 by Ord. No. 2012-05]
The following regulations apply in the TC-CN Zone.
A.
Permitted Uses. As noted in Table 2, as included at the end of this
section.
B.
Accessory and temporary uses. As noted in Table 2, in accordance
with the provisions of this section and as noted herein.
(1)
Accessory apartments are permitted above commercial uses. The
total square footage of accessory apartment units shall not exceed
the total square footage of nonresidential space within a mixed-use
building.
(2)
Outdoor dining areas on restaurant sites.
(3)
Automated teller machines (ATMs) inside a fully enclosed principal
building.
(4)
Temporary on-site construction trailers for which permits may
be issued for periods up to one (1) year, subject to renewal as long
as construction is active.
(5)
Signs.
(6)
Off-street parking.
(7)
Accessory sheds up to one hundred eighty (180) square feet.
C.
Conditional uses. The following uses shall be permitted in the TC-CN
Zone, subject to the issuance of a conditional use permit in accordance
with the provisions of this chapter.
(1)
Public utility uses, such as water towers, electric substations, solar and renewable energy infrastructure, radio towers and transmission lines in accordance with the conditional use criteria set forth with subsection 55-34.7C(1) for the TC-CPHD Zone.
(2)
Public schools and education facilities in accordance with the conditional use criteria set forth with subsection 55-34.7C(2) for the TC-CPHD Zone.
(3)
Places of worship, including parish and educational buildings in accordance with the conditional use criteria set forth with subsection 55-34.7C(3) for the TC-CPHD Zone.
(4)
Commercial indoor recreation uses in accordance with the conditional use criteria set forth with subsection 55-34.7C(4) for the TC-CPHD Zone.
(5)
Assisted living facilities, nursing and convalescent homes and long term care facilities in accordance with the conditional use criteria set forth with subsection 55-34.7C(5) for the TC-CPHD Zone.
(6)
Fast food restaurants.
(a)
The applicant must demonstrate compliance with the criteria for fast-food restaurant uses set forth within Ordinance subsection 55-34.7C(6) for the TC-CPHD Zone.
(b)
No drive-through lanes are permitted for fast food restaurants
located within the TC-CN Zone District, except on pad sites within
shopping centers in existence at the time of passage of this ordinance.
(7)
Drive-through facilities for banks and pharmacy uses are conditionally
permitted subject to compliance with the following criteria:
(a)
There shall be not more than one (1) drive-through lane for
pharmacy uses and not more than two (2) drive-through lanes may be
provided for banks and other financial institutions.
(b)
Internal pedestrian sidewalks and clearly delineated pedestrian
routes shall be demarcated on improved portions of the site in order
to provide safe routes from sidewalks and parking areas to the building
entrances for pedestrians.
(c)
Curb cut and drive aisle widths shall be minimized to encourage
pedestrian friendly environment.
(d)
Drive-through lanes for banks and pharmacy uses shall be permitted
on pad sites within shopping centers existing at the time of passage
of this ordinance.
[Added 5-7-12 by Ord. No. 2012-05]
The following regulations apply in the TC-CV Zone.
A.
Permitted Uses. As noted in Table 3, as included at the end of this
section.
B.
Accessory and Temporary Uses. As noted in Table 3, in accordance
with the provisions of this section and as noted herein.
(1)
Accessory apartments are permitted on floors above commercial
uses. The total square footage of accessory apartment units shall
not exceed the total square footage of nonresidential space within
a mixed-use building. Units shall be deed restricted for very low-,
low- and moderate-income households in accordance with affordability
requirements for accessory apartments.
[Amended 5-24-2018 by Ord. No. 2018-16]
(2)
Outdoor dining areas on restaurant sites.
(3)
Automated teller machines (ATMs) inside a fully enclosed principal
building.
(4)
Accessory sheds up to one hundred eighty (180) square feet.
(5)
Temporary on-site construction trailers for which permits may
be issued for periods up to one (1) year, subject to renewal as long
as construction is active.
(6)
Temporary tents, banners, outdoor displays, or other temporary
uses such as but not limited to grand opening events, promotions,
sidewalk sales, fundraisers, festivals, etc., may be permitted by
the issuance of a temporary event permit in the discretion of the
Zoning Officer. No more than four (4) temporary event permits per
site shall be issued in one (1) calendar year.
(7)
Signs.
(8)
Off-street parking.
(9)
Private residential swimming pools, provided that such use shall
only be permitted as part of a detached single-family dwelling and
that the pools are enclosed with safety fences of not less than four
(4) feet in height.
(10)
A private residential tennis court on a lot not less than one
(1) acre.
C.
Conditional Uses. The following uses shall be permitted in the TC-CV
Zone, subject to the issuance of a conditional use permit in accordance
with the provisions of this chapter.
(1)
Animal care centers may be permitted in the zone, subject to
the issuance of a conditional use permit and adherence to the minimum
requirements of the particular zone and the following standards:
(a)
One (1) parking space shall be provided for each four hundred
(400) square feet of gross floor area.
(b)
Walking paths, open air pavilions, and related accessory structures
may be located in yards and landscaped open spaces provided that the
placement of the structure and a detail of the structure is approved
pursuant to site plan approval. Walking paths shall be set back a
minimum of ten (10) feet from any property line, except where constructed
as sidewalk to the street. Pavilions shall not be placed in the required
front yard and shall be set back a minimum of ten (10) feet from any
side or rear property line.
(c)
All kennels shall be located within an enclosed building.
(d)
A temporary holding area for animals adjoining the principal
building is permitted provided that such area is to be used only while
an animal storage area within the principal building is being cleaned
or prepared, and further provided that the duration of stay by a single
animal within the temporary holding area is brief. In no event shall
the temporary holding area be used overnight.
(e)
A consolidated caretaker's residence is permitted as an accessory
use to the animal care center and may be located in a freestanding
building. Such building shall adhere to the yard requirements applicable
to the principal building.
(2)
Public utility uses, such as water towers, electric substations, solar and renewable energy infrastructure, radio towers and transmission lines in accordance with the conditional use criteria set forth with subsection 55-34.7C(1) for the TC-CPHD Zone.
(3)
Public schools and education facilities in accordance with the conditional use criteria set forth with subsection 55-34.7C(2) for the TC-CPHD Zone.
(4)
Places of worship, including parish and educational buildings in accordance with the conditional use criteria set forth with subsection 55-34.7C(3) for the TC-CPHD Zone.
(5)
Medical and dental offices.
(a)
The minimum lot area shall be five thousand (5,000) square feet.
(b)
Off-street parking space shall be provided in side and rear
yards only.
(d)
All off-street parking provided within twenty (20) feet of any property line shall be protected from adverse impact upon adjacent residential properties through a visual screen of plantings not less than four (4) feet on center, six (6) feet high at planting, with buffer areas designed in conformance with applicable sections of Chapter 55 of the ordinance.
[Added 5-7-12 by Ord. No. 2012-05]
Unless expressly permitted, all other uses are deemed to be
prohibited. In addition, the following uses are specifically prohibited
within the TC-CPHD, TC-CN, and TC-CV Zones, as these uses are not
compatible with the intent of this ordinance or the traditional character
of the Township.
A.
Pawn shops.
B.
Adult book stores.
C.
Motor vehicle sales.
D.
Lumber yards.
E.
Mobile food service, except during public events such as concerts,
fairs, festivals, grand openings and similar uses upon issuance of
a temporary permit.
F.
Storage trailers or tractor trailer storage.
G.
Auto body shops.
H.
Automotive repair garages.
I.
Car washes.
J.
Unless expressly permitted herein, drive-through facilities are not
permitted within the TC-CPHD, TC-CN and TC-CV Zone Districts.
|
Table 1:
TC-CPHD Zone Uses
(Subsection 55-34.7)
[Amended 10-6-2020 by Ord. No. 2020-12] | |||
|---|---|---|---|
|
Use
|
Permitted
|
Conditional
|
Accessory
|
|
Retail sales
|
x
| ||
|
Personal services
|
x
| ||
|
Business and professional offices
|
x
| ||
|
Funeral homes
|
x
| ||
|
Restaurants and take out restaurants
|
x
| ||
|
Fast food restaurants
|
x
| ||
|
Animal hospitals
|
x
| ||
|
Light industry
|
x
| ||
|
Municipal offices and fire and rescue stations
|
x
| ||
|
Public schools and education facilities
|
x
| ||
|
Day care center (child or adult)
|
x
| ||
|
Libraries and museums
|
x
| ||
|
Hospitals, convalescent homes, nursing homes
|
x
| ||
|
Ambulatory health care facility
|
x
| ||
|
Medical or dental office
|
x
| ||
|
Places of worship, including parish and educational buildings
|
x
| ||
|
Nonprofit civic, social and fraternal organizations
|
x
| ||
|
Commercial indoor and outdoor recreational facilities
|
x
| ||
|
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems for the furnishing of adequate service by such utility or
agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
|
x
| ||
|
Detached single-family dwellings for residential purposes together
with their accessory uses that were in existence as of the date of
the adoption of this ordinance. Such single-family dwellings shall
be subject to the bulk standards of the R-10 Zone for any additions,
accessory structures, alterations or restoration in the event of partial
or total destruction.
|
x
| ||
|
Flex office
|
x
| ||
|
Distribution centers-including warehouse outlets
|
x
| ||
|
Garden center
|
x
| ||
|
Bed and breakfast inns, boutique hotels, and tourist homes
|
x
| ||
|
Wellness and lifestyle centers
|
x
| ||
|
Banks and other financial institutions, excluding check cashing
businesses
|
x
| ||
|
Studios
|
x
| ||
|
Medical testing facility
|
x
| ||
|
Restaurant-Microbrewery
|
x
| ||
|
Retail Wine Sales, Small-Scale Wine Production and Wine Tasting
|
x
| ||
|
Convenience stores
|
x
| ||
|
Bakery
|
x
| ||
|
Accessory apartment
|
x
| ||
|
Outdoor dining areas on restaurant sites
|
x
| ||
|
Automated teller machines (ATMs) inside a fully enclosed principal
building
|
x
| ||
|
Contractor storage
|
x
| ||
|
Assisted living facilities
|
x
| ||
|
Public utility uses, such as water towers, electric substations,
radio towers and transmission lines, which must be provided above
ground.
|
x
| ||
|
Temporary on-site construction trailers for which permits may
be issued for periods up to one (1) year, subject to renewal as long
as construction is active.
|
x
| ||
|
Signs
|
x
| ||
|
Off-street parking
|
x
| ||
|
Accessory sheds up to one hundred eighty (180) square feet
|
x
| ||
|
Private residential swimming pools, provided that such use shall
only be permitted as part of a detached single-family dwelling and
that the pools are enclosed with safety fences of not less than four
(4) feet in height.
|
x
| ||
|
A private residential tennis court on a lot not less than one
(1) acre.
|
x
| ||
|
Limited brewery
|
x
| ||
|
Table 2
TC-CN Zone Uses
(Subsection 55-34.8)
[Amended 10-6-2020 by Ord. No. 2020-12] | |||
|---|---|---|---|
|
Use
|
Permitted
|
Conditional
|
Accessory
|
|
Retail sales
|
x
| ||
|
Personal services
|
x
| ||
|
Business and professional offices
|
x
| ||
|
Funeral homes
|
x
| ||
|
Restaurants and take out restaurants
|
x
| ||
|
Fast food restaurants
|
x
| ||
|
Animal hospitals
|
x
| ||
|
Light industry
|
x
| ||
|
Municipal offices and fire and rescue stations
|
x
| ||
|
Public schools and education facilities
|
x
| ||
|
Day care center
|
x
| ||
|
Libraries and museums
|
x
| ||
|
Hospitals, convalescent homes, nursing homes
|
x
| ||
|
Ambulatory health care facility
|
x
| ||
|
Medical or dental office
|
x
| ||
|
Places of worship, including parish and educational buildings
|
x
| ||
|
Nonprofit civic, social and fraternal organizations
|
x
| ||
|
Indoor and outdoor recreational facilities
|
x
| ||
|
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems for the furnishing of adequate service by such utility or
agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
|
x
| ||
|
Detached single-family dwellings for residential purposes together
with their accessory uses that were in existence as of the date of
the adoption of this ordinance. Such single-family dwellings shall
be subject to the bulk standards of the R-10 Zone for any additions,
accessory structures, alterations or restoration in the event of partial
or total destruction.
|
x
| ||
|
Flex office
|
x
| ||
|
Garden center
|
x
| ||
|
Bed and breakfast inns, boutique hotels, and tourist homes
|
x
| ||
|
Wellness and lifestyle centers
|
x
| ||
|
Banks and other financial institutions, excluding check cashing
businesses
|
x
| ||
|
Studios
|
x
| ||
|
Medical testing facility
|
x
| ||
|
Restaurant-Microbrewery
|
x
| ||
|
Retail Wine Sales, Small-Scale Wine Production and Wine Testing
|
x
| ||
|
Convenience stores
|
x
| ||
|
Bakery
|
x
| ||
|
Accessory apartment
|
x
| ||
|
Outdoor dining areas on restaurant sites
|
x
| ||
|
Automated teller machines (ATMs) inside a fully enclosed principal
building
|
x
| ||
|
Assisted living facilities
|
x
| ||
|
Public utility uses, such as water towers, electric substations,
radio towers and transmission lines, which must be provided above
ground.
|
x
| ||
|
Temporary on-site construction trailers for which permits may
be issued for periods up to one (1) year, subject to renewal as long
as construction is active
|
x
| ||
|
Signs
|
x
| ||
|
Off-street parking
|
x
| ||
|
Accessory sheds up to 180 SF
|
x
| ||
|
Private residential swimming pools, provided that such use shall
only be permitted as part of a detached single-family dwelling and
that the pools are enclosed with safety fences of not less than four
(4) feet in height.
|
x
| ||
|
A private residential tennis court on a lot not less than one
(1) acre.
|
x
| ||
|
Limited brewery
|
x
| ||
|
Table 3
TC-CV Zone Uses
(Subsection 55-34.9)
[Amended 10-6-2020 by Ord. No. 2020-12] | |||
|---|---|---|---|
|
Use
|
Permitted
|
Conditional
|
Accessory
|
|
Retail sales
|
x
| ||
|
Personal services
|
x
| ||
|
Business and professional offices
|
x
| ||
|
Restaurants and take out restaurants
|
x
| ||
|
Animal hospitals
|
x
| ||
|
Municipal offices and fire and rescue stations
|
x
| ||
|
Public schools and education facilities
|
x
| ||
|
Day care center (child and adult)
|
x
| ||
|
Libraries and museums
|
x
| ||
|
Hospitals, convalescent homes, nursing homes
|
x
| ||
|
Ambulatory health care facility
|
x
| ||
|
Medical or dental office
|
x
| ||
|
Places of worship, including parish and educational buildings
|
x
| ||
|
Nonprofit civic, social and fraternal organizations
|
x
| ||
|
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems for the furnishing of adequate service by such utility or
agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
|
x
| ||
|
Detached single-family dwellings for residential purposes together
with their accessory uses that were in existence as of the date of
the adoption of this ordinance. Such single-family dwellings shall
be subject to the bulk standards of the R-10 Zone for any additions,
accessory structures, alterations or restoration in the event of partial
or total destruction.
|
x
| ||
|
Garden center
|
x
| ||
|
Bed and breakfast inns, boutique hotels, and tourist homes
|
x
| ||
|
Wellness and lifestyle centers
|
x
| ||
|
Banks and other financial institutions, excluding check cashing
businesses
|
x
| ||
|
Studios
|
x
| ||
|
Medical testing facility
|
x
| ||
|
Restaurant - Microbrewery
|
x
| ||
|
Retail Wine Sales, Small-Scale Wine Production and Wine Tasting
|
x
| ||
|
Convenience stores
|
x
| ||
|
Bakery
|
x
| ||
|
Accessory apartment
|
x
| ||
|
Outdoor dining areas on restaurant sites
|
x
| ||
|
Automated teller machines (ATMs) inside a fully enclosed principal
building
|
x
| ||
|
Assisted living facilities
|
x
| ||
|
Accessory sheds up to one hundred eighty (180) square feet
|
x
| ||
|
Temporary on-site construction trailers for which permits may
be issued for periods up to one (1) year, subject to renewal as long
as construction is active.
|
x
| ||
|
Temporary tents, banners, outdoor displays, or other temporary
uses such as but not limited to grand opening events, promotions,
sidewalk sales, fundraisers, festivals, etc., may be permitted by
the issuance of a temporary event permit in the discretion of the
Zoning Officer. No more than four (4) temporary event permits per
site shall be issued in one (1) calendar year.
|
x
| ||
|
Signs
|
x
| ||
|
Off-street parking
|
x
| ||
|
Private residential swimming pools, provided that such use shall
only be permitted as part of a detached single-family dwelling and
that the pools are enclosed with safety fences of not less than four
(4) feet in height.
|
x
| ||
|
A private residential tennis court on a lot not less than one
(1) acre.
|
x
| ||
|
Limited brewery
|
x
| ||
[Added 5-7-12 by Ord. No. 2012-06]
[Added 5-7-12 by Ord. No. 2012-06]
A.
To create a new Commercial Core Planned Highway Development Commercial
(CC-PHD) Overlay Zone along the Route 9 corridor beginning approximately
at the intersection of Route 9 and Old Main Shore Road and extending
to the south to the municipal boundary with Stafford Township as designated
herein and as shown on the Barnegat Township Zoning Map.
[Amended 8-19-13 by Ord. No. 2013-09]
B.
To promote compact mixed-use development in the CC-CPHD Zone predominately
comprised of commercial uses to provide goods and services to Township
residents and visitors, and a lesser amount of residential dwellings
above the first floor commercial uses.
C.
To encourage development and redevelopment to locate within the CC-CPHD
Zone rather than within less developed, more environmentally sensitive
land areas of the Township.
D.
To provide standards for development within the new CC-CPHD Zone.
E.
This ordinance has been prepared in accordance with the December
7, 2011 Initial Plan Endorsement that Barnegat Township received from
the State Planning Commission and the 2011 Barnegat Township Master
Plan.
[Added 5-7-12 by Ord. No. 2012-06]
A.
To promote a desirable mixed-use type of development consisting of
predominantly commercial, office and civic land uses and a small amount
of residential dwellings above the first floor commercial uses within
a vibrant, pedestrian-friendly Commercial Core environment with an
emphasis on uses that serve local and community needs. Encourage pedestrian
flow throughout the area by generally permitting mixed-use buildings,
shared parking, and cross accesses.
B.
To encourage an interconnected street system in order to ensure that
streets will function in an interdependent manner, to provide adequate
access for emergency and service vehicles, to connect neighborhoods,
to promote walking and biking, to reduce miles of travel that result
in lower air emissions and wear on the roadway, and to provide continuous
and comprehensible traffic routes.
C.
Ensure design compatibility with existing development that considers
building height, materials, colors, landscaping and signage, connectivity,
shared off-street parking and stormwater detention facilities, provides
off-street parking to the side and rear of the building that is well
screened from public view; controlling means of vehicular access and
coordinating internal pedestrian and vehicular traffic flows related
to existing and proposed development patterns. All development shall
reflect the following design principles:
(1)
Provide a layout of buildings, open spaces and parking lot edges
that encourage sidewalk and pathway interconnections.
(2)
Promote cross access and shared access to reduce the number
of driveways along Route 9.
(3)
Provide for focal points such as small parks or squares and
other open spaces, as appropriate, such that a sense of place is created
or strengthened.
(4)
Promote the transition of land development into the CC-CPHD
Zone that exhibits the design features of a traditional mixed-use
neighborhood promoting pedestrian circulation, social gathering and
interaction amongst commercial establishments supporting and servicing
the residents of the community.
(5)
Create a district that enhances a feeling of security and incorporates
design elements that maximize the number of "eyes on the street."
(6)
Encourage mixed-use buildings with neighborhood-serving retail,
service, and other uses on the ground floor and residential units
above the nonresidential space.
(7)
Promote the design and arrangement of buildings in a manner
that advances "green building" and sustainability principles and practices.
(8)
Promote the creation of a district with architectural facade
design and building scale typical for a mixed-use neighborhood that
is compatible with Barnegat Township's historic character.
(9)
Promote uses that will generate economic development opportunities
for the Township of Barnegat and ensure long-term economic vibrancy
of the Commercial Core area of the Township.
[Added 5-7-12 by Ord. No. 2012-06]
Definitions for the CC-CPHD Zone District are set forth within Section 55-305 of Barnegat Township Ordinance.
[Added 5-7-12 by Ord. No. 2012-06]
This ordinance shall apply to development, redevelopment, or
additions or alterations to existing commercial sites within the CC-CPHD
Zone. The bulk standards applicable to residential uses in existence
as of the adoption date of this ordinance shall remain unchanged,
for the purpose of additions, repairs, renovations, restoration and
accessory uses. As of the date of the adoption of this ordinance (adopted
May 7, 2012), no new residential uses shall be permitted in the CC-CPHD
Zone except as expressly provided for herein.
[Added 5-7-12 by Ord. No. 2012-06]
The CC-CPHD Zone is hereby created, and integrated in the Land Use Code of the Township of Barnegat, and Section 55-6, Designation of Zoning Districts and Section 55-31, Schedule of Area, Yard, and Building Requirements shown in Appendix A are hereby amended to add the following requirements.
A.
In addition to the minimum building requirements set forth in Appendix
A, the following standards shall apply in the CC-CPHD Zone:
(1)
If a commercial parcel is to be developed between two (2) existing
commercial parcels, the front yard setback may be the average of the
adjoining properties on either side or comply with the standards set
forth within the bulk zoning standards for that zone;
(2)
Side yard setbacks may be reduced to zero (0) feet to create
an alley or interconnection between commercial properties;
(3)
Any commercial development adjoining a residential property
or residential zone to the side shall maintain a minimum side yard
setback of 10 feet on the side adjoining such a use or zone;
(4)
Any commercial development adjoining a residential property
or zone to the rear shall have a minimum fifty-foot rear yard setback;
(5)
The maximum floor area ratio shall be 2.0 for mixed-use buildings
and 1.25 for all other buildings;
(6)
Mechanical equipment, chimneys, air conditioners, elevators
towers, penthouses, church spires and steeples, and similar appurtenances
necessary to the operation of the building as well as decorative architectural
elements to screen them from view shall be exempt from the height
restrictions so long as they do not exceed the maximum height by more
than 10 feet.
[Amended 12-7-2021 by Ord. No. 2021-23]
(7)
Bulk standards for residential properties in the Town Center
in existence as of the date of adoption of this ordinance remain unchanged,
except that an accessory apartment with a minimum of 700 square feet
shall be permitted so long as the parking requirements can be met
on site. If the apartment is deed restricted as an affordable housing
unit, then the accessory apartment shall meet all applicable standards
of Barnegat Township's Housing Element and Fair Share Plan and applicable
affordable housing regulations.
(8)
Pedestrian circulation routes and amenities must be constructed
and maintained as depicted on an approved site plan.
(9)
No vending machines, outdoor products, propane tank exchange
facilities, seasonal products or similar products are permitted to
obstruct any sidewalk or pedestrian and bicycle circulation route.
(10)
No outdoor storage is permitted within the front yard area.
(11)
No displays, propane tank exchange or sales facilities or other
outdoor items shall be placed within a pedestrian walkway or sidewalk
unless approval from the Township has been obtained. No propane exchange
or sales facilities shall be installed without the approval from the
Township Planning Board or Zoning Board.
(12)
Impervious surfaces are permitted to cover no more than 80%
of the lot area.
[Added 6-2-14 by Ord. No. 2014-11]
[Added 5-7-12 by Ord. No. 2012-06]
A.
Parking.
(1)
Parking calculations shall be in accordance with the minimum parking standards contained within Section 55-173, Minimum Parking Requirements. If Section 55-173 does not contain a minimum parking requirement for a proposed use, the minimum parking requirement shall be in accordance with the latest edition of the Trip Generation Report from the Institute of Transportation Engineers.
B.
Connectivity.
(1)
A proposed development shall provide multiple direct connections
in its local street system to and between local destinations, such
as parks, schools, and shopping, without requiring the use of arterial
streets.
(2)
Each development shall incorporate and continue all collector
or local streets stubbed to the boundary of the development plan by
previously approved but unbuilt development or existing development.
(3)
No dead-end streets shall be permitted except in cases where
such streets are designed to connect with future streets on abutting
land, in which case a temporary turnaround easement at the end of
the street with a diameter of at least one hundred (100) feet must
be dedicated and constructed.
(5)
To ensure future street connections where a proposed development
abuts unplatted land or a future development phase of the same development,
street stubs shall be provided to provide access to all abutting properties
or to logically extend the street system into the surrounding area.
All street stubs shall be provided with temporary turn-around or culs-de-sac
and the restoration and extension of the street shall be the responsibility
of any future developer of the abutting land.
(6)
Streets within and contiguous to the subdivision shall be aligned
and coordinated with other existing or planned streets within the
general area as to location, widths, grades and drainage.
(7)
Street connections shall be spaced at intervals not to exceed
six hundred sixty (660) feet (1/8 mile) along each boundary that abuts
potentially developable or redevelopable land. Blocks longer than
four hundred (400) feet in length shall have a mid-block pedestrian
pathway connecting adjacent blocks.
(8)
Gated street entryways into residential developments shall be
prohibited.
(9)
Pedestrian connections.
(a)
Pedestrian connections shall be provided to abutting open space,
commercial sites and streets.
(b)
Walkways shall provide pedestrian access through parking lots
from street sidewalks to building entries. Walkways shall be located
and aligned to directly and continuously connect areas or points of
pedestrian origin and destination, and shall not be located and aligned
solely based on the outline of a parking lot configuration unless
such a configuration allows for direct pedestrian access.
(c)
Such walkways shall have a paved surface not less than five
(5) feet in width and shall be grade separated from the parking lot
or otherwise delineated with pavement markings, planters, or alternate
paving material.
(d)
Where the primary pedestrian access to the site crosses drive
aisles or internal roadways, the pedestrian crossing shall emphasize
and place priority on pedestrian access and safety. The material and
layout shall be continuous as the pedestrian access crosses the driveway,
with a break in continuity of the driveway paving and not in the pedestrian
access way.
(e)
The entirety of the on-site pedestrian walkway system shall
be marked and defined using pavement treatments, signs, striping,
lighting, median refuge areas, and landscaping, as appropriate.
E.
Alleys.
(1)
An alley shall not be considered a street for the purposes of
measuring required front yard setbacks unless the alley provides the
only means of access to the lot.
(2)
Alleys are permitted in accordance with the following standards:
(a)
Alleys shall be a minimum of eleven (11) feet in width provided
that adequate access for emergency services is provided at the front
and rear of the structure. In cases where adequate emergency services
access is not provided at the front and rear of the structure, the
alleyway shall be a minimum of twenty-four (24) feet in width and
fully paved in accordance with applicable regulations to support the
weight of emergency services vehicles and equipment.
(b)
Alleys are not permitted to dead end or terminate in a cul-de-sac.
(c)
Alleys shall be provided with the following specifications:
[1]
Any permitted traffic flow shall be one-way.
[2]
No parking shall be permitted within the alleyway.
[3]
Where two (2) alleys intersect each other at or near ninety
(90) degrees or where there are bends in an alley that approach ninety
(90) degrees, the inside corner of the pavement shall have a radius
of approximately twelve (12) feet.
[4]
Doors that open into the alley must be clearly marked and have
a railing of a minimum of three (3) feet in height that envelopes
the path of the door movement in order to prevent potential conflict
with pedestrian movements.
[5]
Where vehicular access is permitted within alleyways the speed
limit shall be ten (10) miles per hour or less.
[6]
Drainage design shall be inverted center line with inlets prior
to roadway intersections.
[7]
Sidewalks must cross alleys at grade.
[8]
Lighting should be provided at all corners and at 50-foot intervals.
[9]
Pavement, pavers, crushed stone or other stabilized turf is
required.
[Added 12-15-14 by Ord. No. 2014-35]
The following regulations apply in the CC-CPHD Zone.
B.
Accessory and temporary uses. As noted in Table 1 CC-CPHD, in accordance
with the provisions of this chapter and as noted herein.
(1)
Accessory apartments are permitted on floors above commercial
uses. The total square footage of accessory apartment units shall
not exceed the total square footage of nonresidential space within
a mixed-use building.
(2)
Outdoor dining areas on restaurant sites as per the following
criteria.
(a)
It shall be unlawful for any person, firm, partnership, corporation,
association or organization of any kind (hereinafter collectively
referred to as "person") to create, establish, operate, maintain or
otherwise be engaged in the business of conducting an outdoor cafe
upon the sidewalks of the Township of Barnegat, or on private property,
unless such person shall hold a currently valid license issued pursuant
to the terms of this ordinance.
(b)
No license shall be issued hereunder unless the licensee shall
demonstrate that a minimum of nine feet from the curb edge will be
available for pedestrian traffic around such outdoor café and
that such outdoor café be directly in front or on the side
of an eating establishment as hereinabove defined. No food or drinks
served at such outdoor café shall be prepared or stored other
than in the interior of the eating establishment. The phrase “directly
in front or side of,” shall confine the café to the area
represented by an extension of each side of the store occupied by
the eating establishment projected directly to the curbline immediately
in front thereof.
[Amended 12-7-2021 by Ord. No. 2021-23]
(c)
Application for the license required hereunder shall be made
to the Township Zoning Officer and shall be signed by the applicant.
The application shall contain the following information:
[Amended 12-7-2021 by Ord. No. 2021-23]
[1]
The name, residence address and telephone number of each individual,
owner, partner or if a domestic corporation, the names, residence
addresses and telephone numbers of the directors and officers owning
a ten percent (10%) or greater interest in the corporation and the
chief operating executive of the corporation and if a nondomestic
corporation, the name, residence address and telephone number of the
managing officer for service of process within the State of New Jersey
and a copy of the qualification of said nondomestic corporation to
conduct business in the State of New Jersey.
[2]
A copy of the trade, corporate, business or fictitious name
upon which the applicant intends to do business pursuant to this ordinance.
[3]
The address and description of each place where the applicant
intends to establish or operate an outdoor cafe.
[4]
The name and address of the person owning the premises, if other
than the applicant, and the consent of the owner of the premises to
the application.
[5]
Three (3) sets of a proposed layout plan containing scaled drawings
prepared by a licensed professional architect or engineer clearly
illustrating the number, type of materials, color and location of
all tables, chairs, umbrellas, or other furnishings or fixtures intended
to be located in the outdoor cafe. All tables and chairs must be constructed
of material of sufficient weight so as to not be affected by high
winds. The perimeter of the outdoor cafe shall be defined and set
off by a portable type enclosure which may include live potted plantings
on Township property. The enclosure shall define the perimeter of
the area to be used as an outdoor cafe and shall separate it from
the pedestrians traversing the adjacent sidewalk. The enclosure shall
not contain doors or windows nor air-conditioning or heating equipment
and shall be open at all times to the air and the barrier shall not
have a height of more than three (3) feet. Awnings or outdoor umbrellas
extending over the enclosure are permitted providing the lowest portion
of the awning or umbrella is not less than seven (7) feet above the
adjacent sidewalk and does not extend more than one (1) foot beyond
the enclosure.
[6]
The scaled drawings shall also illustrate the following:
[a]
The location of any doors leading from the eating
establishment to the outdoor cafe. No such doors may be obstructed
in any manner.
[b]
The number of feet and location of unobstructed
space permitting free passage of pedestrian traffic around each outdoor
cafe.
[c]
The location of the place where any food or drink
is intended to be prepared.
[d]
The enclosure or protective barrier separating
the eating and serving area of each outdoor cafe from pedestrian traffic
which shall be indicated by a plan, elevation and section.
[e]
The location of all bus stops, fire hydrants, utility
poles, benches, handicap ramps, street furniture, trees, and any other
fixtures permanently located on the sidewalk in front of the eating
establishment or within ten (10) feet thereof on either or any side.
[f]
The type and location of any proposed outdoor lighting
and fixtures should include the following information: mounting height,
lamp type and lumens. Any open flame type fixture shall only be permitted
with the approval of the Fire Official.
[g]
An application fee as set forth within the Code
of the Township of Barnegat.
[7]
The Construction Code Official will review the application for
completeness and compliance with the terms of this ordinance. If the
application is complete, the Construction Code Official will act upon
the same within ten (10) business days after the application becomes
complete. If the application is not complete, the Construction Code
Official will so notify the applicant within ten (10) business days
of the submission and specifically detail the areas in which the application
lacks compliance with the requirements of this ordinance.
[8]
If the application complies with the ordinance, the Construction
Code Official shall issue a license strictly subject to the terms
and conditions of this ordinance.
[9]
The license is personal to the applicant and any change or transfer
of ownership of the outdoor cafe shall terminate the license and shall
require new application and a new license in conformance with all
of the requirements of this ordinance.
[10]
Acceptance of the license by the applicant shall
operate as a consent to the Health, Fire, Police and Building Officials
of the Township to inspect the outdoor dining area for continued compliance
with the terms and conditions of this ordinance and any Federal, State,
County or local law, ordinance or regulation affecting the same.
[11]
No license required by this ordinance shall be
granted to any person to operate an outdoor cafe until such person
shall have filed with the Construction Code Official a statement agreeing
to indemnify and hold harmless the Township of Barnegat, its agents,
servants, representatives or employees from any or all claims, damages,
judgment costs or expenses including attorneys' fees, which they or
any of them may incur or be required to pay because of any personal
injury, including death, or property damage suffered by any person
or persons as a result of or related in any way to the operation and
maintenance of the outdoor cafe for which the license is issued.
[12]
Any license issued hereunder is issued solely
as a revocable license, which shall be subject to revocation or suspension
by the Township Clerk for failure of any licensee to comply with this
ordinance or for violation of any other applicable Federal, State,
County or municipal law, regulation or ordinance. Any license issued
hereunder is issued upon the express understanding that the licensee
obtains no property right thereunder, nor any interest in the continuation
of said license.
[13]
It shall be unlawful for any person to operate
an outdoor cafe after the suspension or termination of the applicable
license.
[14]
Each licensee is responsible for keeping the area
of the outdoor cafe and the adjacent walks and streets free and clear
of any debris or litter occasioned by the cafe. Areas must be cleaned
as needed and at the time that business is closed and at the beginning
of each business day, but not later than 9:00 a.m.
[15]
No vending machines of any kind are permitted
on the exterior of any building operating an outdoor cafe.
[16]
No signs shall be permitted in the area of the outdoor cafe except signs on the awnings complying with the Sign Ordinance of the Code of the Township of Barnegat. Outdoor umbrellas located in the outdoor dining areas shall be exempt from the Sign Ordinance of the Township of Barnegat. There shall be no "logos" or advertising upon any umbrellas without prior approval of the Barnegat Township Planning Board. (See Section 55-181 for sign regulations.)
[17]
In addition to the powers of suspension or revocation
as set forth above, the Township reserves the right to modify, suspend
or revoke any license on ten (10) days written notice if the Township
determines that the pedestrian operation of the outdoor cafe or because
of any other safety issue within the Township because of such operation.
The license may also be suspended or revoked on ten (10) days; written
notice, in the event the Township determines that it is necessary
to utilize the area of any part hereof for the maintenance or installation
of underground utilities. In the event of an emergency, which emergency
is certified by the Township Clerk, the license may be suspended or
revoked without notice.
[18]
(Reserved)
[19]
No tables, chairs or other equipment used in the
outdoor cafe shall be attached, chained or in any manner affixed to
any tree, post, sign, curb or sidewalk, or property for the Township
of Barnegat within or near the licensed area.
[20]
(Reserved)
[21]
(Reserved)
[22]
The licensee agrees at the end of the license
period, or in the event that the license is temporarily or permanently
suspended or revoked, that the licensee will at his own cost and expense
vacate the sidewalk space and/or the private property and promptly
remove any property placed thereon. Failure to do so on five (5) days
written notice shall grant to the Township the right to remove any
property on the sidewalk the licensee agrees to reimburse the Township
for the cost of removing and storing the same.
[23]
The licensee shall not direct or permit to be
directed to or from the area occupied by the outdoor dining area any
bell, chime, siren, whistle, loudspeaker, public address system, radio,
sound amplifier or similar device.
[24]
No outdoor dining area shall open for business
prior to 7:00 a.m. nor remain open for business after 11:00 p.m. All
persons occupying the outdoor cafe shall vacate the same no later
than 11:30 p.m.
(3)
Automated teller machines (ATMs) inside a fully enclosed principal
building.
(4)
Temporary on-site construction trailers for which permits may
be issued for periods up to one (1) year, subject to renewal as long
as construction is active.
(5)
Signs.
(6)
Off-street parking.
(7)
Accessory sheds up to one hundred eighty (180) square feet.
C.
Conditional Uses. The following uses shall be permitted in the CC-CPHD
Zone, subject to the issuance of a conditional use permit in accordance
with the provisions of this chapter.
(1)
Public utility uses, such as water towers, electric substations,
solar and renewable energy infrastructure, radio towers and transmission
lines.
(a)
Applicant must demonstrate that the proposed project does not
impair the intent and purpose of the ordinance.
(b)
Applicant must demonstrate that the proposed project does not
adversely impact the aesthetics or character of the area in which
it is proposed and that the proposed project is compatible with surrounding
land uses, especially in terms of any potential off-site impacts such
as noise generated by the proposed project.
(c)
Applicant must demonstrate that the proposed project is in accordance
with applicable regulations with regard to the safe operation of the
facility.
(d)
Submission of site plan is required when appropriate.
(2)
Public schools and education facilities.
(a)
Applicant shall submit site plans in accordance with submission
procedures to the Planning Board for a courtesy review.
(3)
Places of worship, including parish and educational buildings.
(a)
The minimum lot area shall be ten thousand (10,000) square feet.
(b)
The minimum frontage shall be one hundred (100) feet.
(c)
The maximum lot coverage shall be fifty percent (50%).
(d)
Steeple height shall be limited to the maximum building height
permitted in the zone for a single-family residence plus fifteen (15)
feet.
(e)
Notwithstanding the parking standards set within Section 55-173, off-street parking for churches within the Commercial Core shall be provided at the ratio of one (1) off-street parking space for each five (5) occupants which can occupy the structure during any one (1) time period. The cumulative parking demand of all activity areas within the proposed facility or structure shall be met by on-site, off-street parking areas.
(f)
Driveways shall cross the sidewalk at right angles and shall
be no more than twenty-four (24) feet wide at any point. Driveways
must be at least ten (10) feet from any side lot line and fifty (50)
feet from the intersection of the street lines. No more than two (2)
driveways shall be permitted for each one hundred (100) feet of street
frontage.
(g)
A minimum buffer of fifty (50) feet shall be provided between
all improvements, including structures and parking facilities, and
adjacent residential uses or zones.
(4)
Commercial indoor recreation uses.
(b)
Floor Area for a theater use should not exceed twenty thousand
(20,000) square feet, while other uses should not exceed ten thousand
(10,000) square feet.
(c)
Game rooms, parlors and drive-in theaters are not permitted.
(d)
Drive-through lanes are not permitted.
(e)
Indoor sports arenas, auditoriums, exhibition halls and heavily
auto dependent uses such as multiplex theaters are not permitted.
(f)
All activities must be contained within the principal building.
(5)
Convenience store.
(a)
The minimum floor area allowed is one thousand two hundred fifty
(1,250) square feet while the maximum floor area allowed is three
thousand (3,000) square feet.
(b)
There shall be a minimum distance of two thousand five hundred
(2,500) feet between two (2) convenience stores.
(c)
The convenience store shall not include services such as gasoline
dispensing or check cashing.
(d)
There shall be no manufacturing. Additionally, there shall be
no processing or assembling except that which is incidental and essential
to the food enterprise, such as the assembling of sandwiches, and
only when the processed or assembled merchandise is sold at retail
on the premises.
(6)
Fast food restaurants.
(a)
The use shall be conducted within a totally enclosed, permanent
building, excepting that tables and seating may be provided outdoors
but shall be in addition to any required indoor seating. Walkup/carry-out
windows are also permitted.
[Amended 12-7-2021 by Ord. No. 2021-23]
(b)
No drive-through lanes are permitted for fast food restaurants
located within the CCC-PHD Zone District, except on pad sites within
shopping centers in existence at the time of passage of this ordinance.
(c)
The minimum lot size shall be ten thousand (10,000) square feet,
the minimum lot frontage and width shall be one hundred (100) feet
and the minimum lot depth shall be one hundred (100) feet.
(d)
The minimum front yard setback shall be twenty (20) feet, the
minimum side yard on one (1) side shall be ten (10) feet. The minimum
rear yard setback shall be forty (40) feet.
(e)
Along any common property line with a residential use or residential
zoning district, appropriate buffers shall be provided as required
in this chapter, and the area shall be bermed if necessary, to provide
sufficient screening.
(g)
All areas not utilized for buildings, parking, loading, access
aisles and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover, seeding or plantings and maintained in
good condition.
(h)
All fast food restaurants shall provide separate public restroom
facilities easily accessible from the interior of the building for
customer use.
(i)
All other area, yard and general requirements of the Zoning
Ordinance, engineering and design standards, site plan regulations,
procedural requirements and other applicable requirements of this
chapter must be met.
(j)
Parking as per the standards set forth for development within
the Commercial Core should be provided.
(k)
The applicant shall demonstrate how the design of the proposed
project will and/or mitigate adverse on-site and off-site impacts
from odors, noise, and light generated by the proposed project. In
particular, the applicant shall demonstrate effective measures to
minimize odors produced by activities on the site.
(l)
No fast food restaurant uses with drive thru are permitted within
300 feet of a residential use or zone.
[Amended 12-7-2021 by Ord. No. 2021-23]
(7)
Contractor storage uses are allowed as a conditional use provided
the following standards are satisfied:
(a)
Outside storage is explicitly prohibited. All storage shall
be contained within an enclosed building.
(b)
No flammable materials, hazardous chemicals or explosives shall
be permitted to be stored on site.
(c)
The servicing, repair or fabrication of motor vehicles, trailers,
equipment or appliances shall be prohibited.
(d)
No tractor trailer or other similar sized large commercial vehicles
are permitted on site at any time. Box trucks and similar vehicles
up to a total length of twenty-six (26) feet including the load, bumpers
and any other feature attached to the vehicle are permitted to access
the site provided that the applicant can demonstrate that sufficient
loading and unloading area will exist and that the vehicle can safely
navigate the site during the peak hour when the facility is operating
at full capacity.
(e)
Landscape buffer areas shall be provided in accordance with
the following requirements:
[1]
The minimum landscape buffer area provided along side and rear
yards shall be fifteen (15) feet in width and twenty-five (25) feet
if abutting a residential zone or use.
[2]
The minimum landscape buffer area provided along the street
line shall be five (5) feet in width and shall consist of plant material
that is maintained at a height no greater than three (3) feet.
[3]
One (1) loading space per twenty thousand (20,000) square feet
of indoor storage area is required unless it can be demonstrated that
no loading spaces would be needed for the contractor storage use to
operate at full capacity.
(8)
Assisted living facilities, nursing and convalescent homes and
long term care facilities in accordance with the minimum bulk standards
of the zone and the following standards:
(a)
A statement shall be submitted with the application setting
forth the full particulars regarding the use, activities and buildings.
(b)
The site shall have frontage on and have primary direct access
to and from a County road or a New Jersey State Highway or a Barnegat
Township improved road.
(c)
Minimum area, yard and building requirements.
[3]
Accessory building requirements. Accessory building requirements
shall be the same as those established for the overall zone.
[4]
Maximum building coverage shall be thirty (30%) percent.
[5]
Maximum principal building height: three (3) usable floors (stories)
and fifty (50) feet in height.
[6]
Maximum accessory building height: thirty-five (35) feet.
(d)
All support facilities, functions and services shall be intended
for the use and benefit of the resident users of the facility and
their guests.
(e)
Support services, functions and facilities within a facility
or development may include the following or similar personal services:
[1]
Indoor and outdoor recreational facilities.
[2]
Physical therapy facilities.
[3]
Entertainment facilities.
[4]
Libraries.
[5]
Food preparation facilities.
[6]
Dining facilities.
[7]
Linen service facilities.
[8]
Nursing services.
[9]
Housekeeping services.
[10]
Health care facilities and services, including
nursing beds, security facilities, administrative offices, storage
facilities, chapels, facilities for the temporary lodging of guests
and limited service facilities.
[11]
Medical day care/social day care (adult day care
services).
[12]
Personal care centers (barbers, hair salon and
personal grooming, etc.).
(f)
Parking facilities for the residents, employees and visitors
of the assisted care facility shall be provided based on a total of
the following:
[1]
One (1) space per State licensed assisted living dwelling unit.
Provided however, that the applicant shall be allowed to provide,
at the time of initial construction, one (1) parking space for every
three (3) dwelling units, but reserve an adequate area for future
construction of the additional required parking spaces should the
actual operating experience demonstrate that the amount of parking
initially provided is insufficient.
[2]
One (1) space per day-shift employee.
[3]
One (1) space per ten (10) independent living units for visitor
parking.
[4]
Where fractional spaces result in the calculation of the requirements,
the required number shall be construed to be the nearest whole number.
(g)
Any health care facility shall be licensed by and/or meet all
applicable standards of Federal, State and County regulatory agencies.
(h)
Minimum residential floor area. The requirements contained in
this section are designed to promote and protect the public health,
to prevent overcrowded living conditions, to guard against the development
of substandard neighborhoods, to conserve established property values
and to contribute to the general welfare:
(9)
Mixed-use developments. The conditional use is hereby imposed,
which must be adhered to by any applicant or property owner, as follows:
[Added 12-15-14 by Ord.
No. 2014-35]
(a)
The area must be a minimum of 12 acres.
(b)
Any residential development shall be in conjunction with no
less than 33,600 square feet of retail/commercial space.
(c)
The maximum density of the residential development shall be
13.50 units per acre of the entire tract being developed.
[Amended 12-7-2021 by Ord. No. 2021-23]
(d)
The residential apartments shall be limited to a maximum of
two bedrooms. Each two-bedroom apartment shall be no less than 1,100
square feet. Townhouses shall be limited to three bedrooms.
[Amended 10-2-2018 by Ord. No. 2018-32]
(e)
Mixed-use development buildings may include as a permitted use
self-storage on second and third floors only. The mixed-use development
shall conform to the following bulk standards:
[Amended 10-2-2018 by Ord. No. 2018-32]
[1]
Minimum lot frontage of 700 feet.
[2]
Minimum lot depth of 700 feet.
[3]
Minimum front setback of 75 feet.
[Amended 12-7-2021 by Ord. No. 2021-23]
[4]
Minimum rear setback of 50 feet.
[5]
Minimum side setback of 50 feet to a residential lot and 10
feet to a commercial lot.
[6]
Maximum building height of 4 stories or 48 feet for the apartment
and mixed-use buildings.
[Amended 12-7-2021 by Ord. No. 2021-23]
[7]
No more than 80 apartment units shall be permitted in any building.
[Amended 12-7-2021 by Ord. No. 2021-23]
[8]
There must be a minimum separation between apartment buildings
of 30 feet.
(f)
A minimum buffer of 50 feet shall be provided along all property
lines adjacent to a lot that is zoned or used for residential purposes,
including residential lots located on the opposite side of the street.
(g)
The site must have frontage on and have primary direct access
to and from a New Jersey state highway.
(h)
In the proposed mixed-use development, as it applies to the commercial area, the minimum parking ratio shall be 3.03 spaces per 1,000 square feet of gross floor area. The apartment and residential component of a mixed-use development must comply with the minimum parking requirements set forth in § 55-173 of the Land Use Code. If § 55-173 of the Land Use Code does not include a parking standard for a proposed use, the Institute of Traffic Engineers (ITE) standards will apply.
[Amended 10-2-2018 by Ord. No. 2018-32]
(i)
The residential portion of the development shall comply with
the requirements of the Residential Site Improvement Standards (N.J.A.C.
5:21-1 et seq.).
(j)
A clubhouse shall be provided for use by the tenants of the
residential apartments and townhouses. The clubhouse shall have a
minimum floor area of 25 square feet per apartment unit exclusive
of swimming pool. The clubhouse shall also include outside amenities,
such as, but not limited to, a pool, cabana, etc. A portion of the
clubhouse may be set aside for use as a leasing office. The clubhouse
must be constructed and placed into service prior to the issuance
of a certificate of occupancy for the 48th apartment unit.
[Amended 10-2-2018 by Ord. No. 2018-32]
(k)
Construction of the commercial portion of the development shall
be staged. A minimum of 10,000 square feet of commercial space must
be constructed and available for rental prior to the issuance of a
certificate of occupancy for the 48th apartment unit. In addition,
an additional 10,000 square feet of commercial space must be constructed
and available for rental prior to the issuance of a certificate of
occupancy for the 96th apartment unit. Finally, the remaining commercial
space must be constructed and available for rental prior to the issuance
of a certificate of occupancy for the 144th apartment unit.
(l)
Commercial vehicles shall not be allowed to enter or exit the
site from Old Main Shore Road or Georgetown Boulevard. All commercial
vehicles and delivery trucks associated with the proposed commercial
development shall be restricted to entering and exiting the site from
U.S. Route 9.
(m)
Affordable Housing Trust Fund. Pursuant to Section 5 of Ordinance
No. 2014-35, the applicant/property owner will be required to make
appropriate payments to the Township's Affordable Housing Trust Fund,
as mandated by the Township Code, at the time of site plan and/or
subdivision approval granted by the Barnegat Township Planning Board.
One-half of the fee must be paid upon receipt of preliminary site
plan approval.
|
Table 1
CC-CPHD Zone Uses
Subsection 55-35.7
| |||
|---|---|---|---|
|
Use
|
Permitted
|
Conditional
|
Accessory
|
|
Retail sales
|
x
| ||
|
Personal services
|
x
| ||
|
Bakery
|
x
| ||
|
Business and professional offices
|
x
| ||
|
Funeral homes
|
x
| ||
|
Restaurants and take-out restaurants
|
x
| ||
|
Fast-food restaurants
|
x
| ||
|
Animal hospitals
|
x
| ||
|
Light industry
|
x
| ||
|
Municipal offices and fire and rescue stations
|
x
| ||
|
Public schools and education facilities
|
x
| ||
|
Day-care center
|
x
| ||
|
Libraries and museums
|
x
| ||
|
Hospitals, convalescent homes, nursing homes
|
x
| ||
|
Ambulatory health care facility
|
x
| ||
|
Medical or dental office
|
x
| ||
|
Places of worship, including parish and educational buildings
|
x
| ||
|
Nonprofit civic, social and fraternal organizations
|
x
| ||
|
Commercial indoor and outdoor recreational facilities
|
x
| ||
|
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems for the furnishing of adequate service by such utility or
agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare
|
x
| ||
|
Detached single-family dwellings for residential purposes together
with their accessory uses that were in existence as of the date of
the adoption of this ordinance. Such single family dwellings shall
be subject to the bulk standards of the R-10 Zone for any additions,
accessory structures, alterations or restoration in the event of partial
or total destruction.
|
x
| ||
|
Flex office
|
x
| ||
|
Garden center
|
x
| ||
|
Bed-and-breakfast inns, boutique hotels, and tourist homes
|
x
| ||
|
Wellness and lifestyle centers
|
x
| ||
|
Banks and other financial institutions, excluding check cashing
businesses
|
x
| ||
|
Studios
|
x
| ||
|
Medical testing facility
|
x
| ||
|
Convenience stores
|
x
| ||
|
Accessory apartment
|
x
| ||
|
Outdoor dining areas on restaurant sites
|
x
| ||
|
Automated teller machines (ATMs) inside a fully enclosed principal
building
|
x
| ||
|
Contractor storage
|
x
| ||
|
Assisted living facilities
|
x
| ||
|
Public utility uses, such as water towers, electric substations,
radio towers and transmission lines, which must be provided above
ground
|
x
| ||
|
Temporary on-site construction trailers for which permits may
be issued for periods up to 1 year, subject to renewal as long as
construction is active
|
x
| ||
|
Signs
|
x
| ||
|
Off-street parking
|
x
| ||
|
Accessory sheds up to 180 square feet
|
x
| ||
|
Private residential swimming pools, provided that such use shall
only be permitted as part of a detached single-family dwelling and
that the pools are enclosed with safety fences of not less than 4
feet in height
|
x
| ||
|
A private residential tennis court on a lot not less than 1
acre
|
x
| ||
[Added 5-7-12 by Ord. No. 2012-06]
Unless expressly permitted, all other uses are deemed to be
prohibited. In addition, the following uses are specifically prohibited
within the CC-CPHD Zone as these uses are not compatible with the
intent of this ordinance or the traditional character of the Township.
A.
Pawn shops.
B.
Adult book stores.
C.
Motor vehicle sales.
D.
Lumber yards.
E.
Mobile food service, except during public events such as concerts,
fairs, festivals, grand openings and similar uses upon issuance of
a temporary permit.
F.
Storage trailers or tractor trailer storage.
G.
Auto body shops.
H.
Automotive repair garages.
I.
Car washes.
J.
Unless expressly permitted herein, drive-through facilities are not
permitted within the CC-CPHD Zone District.
|
DIVISION 2: ZONING DISTRICTS WEST OF PARKWAY
|
[Amended 4-3-89 by Ord. No. 1989-8; 6-5-89 by Ord. No. 1989-14; 8-20-90 by Ord. No. 1990-26;
4-1-91 by Ord. No. 1991-8; 4-5-93
by Ord. No. 1993-8; 12-16-96 by Ord. No. 1996-60 §§ 2—10]
The following regulations apply in the PA Zone:
A.
Permitted Uses.
(1)
Detached single-family dwellings on three and two-tenths (3.2) acre lots or one (1.0) acre lots, in accordance with Section 55-64.
(2)
Raising and keeping of farm animals for domestic use on a lot having
not less than one (1) acre. Additional farm animals shall not exceed
one (1) per every one (1) additional acre. There shall be no storage
of manure within one hundred (100) feet of any adjoining property
line.
(3)
Berry agriculture and horticulture of native plants and other agricultural
activities compatible with the existing soil and water conditions
that support traditional Pinelands berry agriculture.
(5)
Fish and wildlife management and wetlands management.
[Amended 9-6-11 by Ord. No. 2011-14]
(6)
Beekeeping.
(7)
Pinelands development credits.
B.
Accessory and Temporary Uses.
(1)
Building and other structures customarily accessory to permitted
residential and agricultural uses, including detached private garages,
barns, shed, greenhouses, and the like.
(2)
Private residential tennis courts and swimming pools, provided that
such pools are enclosed by safety fences of not less than four (4)
feet in height.
(4)
Temporary on-site construction trailers for which permits may be
issued for periods up to one (1) year, subject to renewal.
(5)
Signs as follows, provided that no sign shall be permitted which does not conform to the provisions of Section 55-299D.
(6)
Agricultural commercial establishments for the sale of farm products
grown or raised on the premises by the owner or operator of the farm.
There shall be a limit of one (1) establishment per farm. Such stands
shall be set back a minimum of sixty (60) feet from the street line.
C.
Conditional Uses. The following uses shall be permitted in the PA
Zone subject to issuance of a conditional use permit in conformance
with the provisions of this chapter:
(1)
Public utility uses, such as water towers, electric substations,
radio towers and transmission lines which must be provided above ground,
provided that the applicant can demonstrate that there is no feasible
alternative and that the use serves only the needs of the Preservation
Area.
Centralized waste water treatment and collection facilities
shall be permitted to service the Preservation Area District only
in accordance with N.J.A.C. 7:50-6.84(a)2.
(2)
[Deleted 3-20-95 by Ord. No. 1995-15 § 2; 8-5-96
by Ord. No. 1996-27 § 2]
(3)
Expansion of intensive recreational uses, provided that:
(a)
The intensive recreational use was in existence on February
7, 1979 and the capacity of the use will not exceed two (2) times
the capacity of the use on February 7, 1979;
(b)
The use is necessary to achieve recreational use of a particular
element of the existing Pinelands environment; and
(c)
The use is environmentally and aesthetically compatible with
the character of the Preservation Area District and the characteristics
of the particular basin in which the use is to be located, taking
into consideration the proportion of cleared and developed land, ambient
water quality, ecologically sensitive areas and unique resources,
and will not unduly burden public services.
(4)
Low-intensity recreational uses, including but not limited to camping
provided that:
(a)
The parcel proposed for low-intensity recreational use has an
area of at least fifty (50) acres.
(b)
The recreational use does not involve the use of motorized vehicles
except for necessary transportation.
(c)
Access to bodies of water is limited to no more than fifteen
(15) linear feet of frontage per one thousand (1,000) feet of water
body frontage.
(d)
The parcel will contain not more than one (1) campsite per two
(2) acres, provided that the campsites shall not be clustered at a
net density exceeding six (6) campsites per acre.
(e)
Clearing of vegetation, including ground cover and soil disturbance,
does not exceed five percent (5%) of the parcel.
(f)
No more than one percent (1%) of the parcel will be covered
by impervious surfaces.
[Amended 9-6-11 by Ord. No. 2011-14]
(5)
Continuation of resource extraction operations in accordance with
the standards of N.J.A.C. 7:50-6.63.
[Amended 7-16-01 by Ord. No. 2001-29]
D.
Lot and Building Requirements.
(1)
Minimum lot size:
(a)
For lots with detached single family dwellings which meet the
requirements of this section: three and two-tenths (3.2) acres.
(b)
For other uses: five (5) acres, or as necessary to meet the
standards of the Pinelands Comprehensive Management Plan as contained
in this chapter.
(c)
Notwithstanding the minimum lot areas set forth above, no such
minimum lot area for a nonresidential use within the PA zone shall
be less than that needed to meet the water quality standards of § 55-291.B(4),
whether or not the lot may be served by a centralized sewer treatment
or collection system.
(2)
Minimum lot width: two hundred (200) feet.
(3)
Minimum yard requirements:
(a)
Front yard: two hundred (200) feet, except that if compliance
with this minimum is constrained by physical or environmental considerations,
involves a farm operation, or development within one thousand (1,000)
feet has front yards less than two hundred (200) feet, a setback of
not less than seventy-five (75) feet may be permitted.
(b)
Side yard: fifty (50) feet for principal buildings; ten (10)
feet for accessory buildings.
(c)
Rear yard: seventy-five (75) feet for principal buildings; ten
(10) feet for accessory buildings.
(4)
Maximum lot coverage: twenty percent (20%).
(5)
Maximum building height: two and five-tenths (2.5) stories on thirty-five
(35) feet.
E.
Allocation of Pinelands Development credits.
(1)
Except for land which was owned by a public agency on January 14,
1981, land which is thereafter purchased by the state for conservation
purposes, land which is subject to an easement limiting the use of
land to nonresidential uses, or land otherwise excluded from entitlement
in paragraph E(2) below, every parcel of land in the Preservation
Area District shall have a use right known as "Pinelands development
credits" that can be used to secure a density bonus for lands located
in a Regional Growth Area.
Pinelands development credits may also be allocated to certain
properties in the Township by the Pinelands Commission pursuant to
N.J.A.C. 7:50-4.61 et seq.
(2)
Pinelands development credits are hereby established in the Preservation
Area District at the following ratios:
(a)
Uplands which are undistributed but currently or previously
approved for resource extraction pursuant to this chapter: two Pinelands
development credits per 39 acres;
(b)
Uplands which are mined as a result of a resource extraction
permit approved pursuant to this chapter: zero Pinelands development
credits per 39 acres;
(c)
Other uplands: one Pinelands development credit per(39 acres;
and
(d)
Wetlands: 0.2 Pinelands development credit per 39 acres.
(3)
The allocations established in Subsection E(2) above shall be reduced as follows:
(a)
Any property of 10 acres or less which is developed for a commercial,
industrial, resource extraction, intensive recreation, institutional,
campground or landfill use shall not receive Pinelands development
credit entitlement. For such an improved property of more than 10
acres, the area actively used for such use or 10 acres, whichever
is greater, shall not receive Pinelands development credit entitlement.
(b)
The Pinelands development credit entitlement of a parcel of
land shall be reduced by 1/4 PDC for each existing dwelling unit on
the property.
(c)
The Pinelands development credit entitlement for a parcel of land shall be reduced by 1/4 PDC for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to paragraph E(7) below or when a variance for cultural housing is approved by the Township pursuant to § 55-64B of this chapter.
[Amended 7-16-01 by Ord. No. 2001-29]
(d)
The Pinelands development credit entitlement for a parcel of
land shall also be reduced by 1/4 PDC for each dwelling unit approved
pursuant to N.J.A.C. 7:50-4.61 et seq. when a waiver of strict complaint
is granted by the Pinelands Commission.
(4)
The owners of parcels of land which are smaller than 39 acres shall
have a fractional Pinelands development credit at the same ratio established
in Paragraph E(2) above.
(5)
Notwithstanding the provisions above, the owner of record of 0.10
or greater acre of land in the Preservation Area Zone as of February
7, 1979, shall be entitled to 0.25 Pinelands development credits,
provided that the parcel of land is vacant, was not in common ownership
with any contiguous land on or after February 7, 1979, and has not
been sold or transferred except to a member of the owner's immediate
family. The provisions of this section shall also apply to owners
of record of less than 0.10 acre of land in the Preservation Area
Zone, as of February 7, 1979, provided that said owners acquire vacant,
contiguous lands to which Pinelands development credits are allocated
pursuant to Paragraph E(2) above, which lands, when combined with
the acreage of the parcel owned prior to February 7, 1979, total at
least 0.10 of an acre.
[Amended 7-16-01 by Ord. No. 2001-29]
(6)
No Pinelands development credit may be conveyed, sold, encumbered
or transferred unless the owner of the land from which the credit
has been obtained has received a Pinelands development credit certificate
from the New Jersey Pinelands Development Credit Bank pursuant to
N.J.A.C. 3:42-3 and has deed-restricted the use of the land in perpetuity
to those uses set forth in N.J.A.C. 7:50-5.47(b) by a recorded deed
restriction which is in favor of a public agency or not-for-profit
incorporated organization and specifically and expressly enforceable
by the Pinelands Commission.
(7)
Notwithstanding the provision of Paragraph E(6) above, an owner of
property from which Pinelands development credits are sold may retain
a right for residential development on that property, provided that
the recorded deed restriction expressly provides for same and that
the total allocation of Pinelands development credits for that property
is reduced by 1/4 PDC for each reserved right to build a dwelling
unit. Subdivision of the property shall not be required until such
time as the residential development right is exercised.
(8)
No conveyance, sale, or transfer of Pinelands development credits
shall occur until the municipality with jurisdiction over the parcel
of land from which the Pinelands development credits were obtained,
the agency or organization to which the restriction is in favor, and
the Pinelands Commission have been provided with evidence of recordation
of a restriction on the deed to the land from which the development
credits were obtained.
(9)
Such deed restriction shall specify the number of Pinelands development
credits sold and that the property may only be used in perpetuity
for the following uses:
(a)
In the Preservation Area District: berry agriculture; horticulture
of native Pinelands plants; forestry; beekeeping; fish and wildlife
management; wetlands management; agricultural employee housing as
an accessory use; low-intensity recreational uses in which the use
of motorized vehicles is not permitted except for necessary transportation,
access to water bodies is limited to no more than 15 feet of frontage
per 1,000 feet of frontage on the water body, clearing of vegetation
does not exceed 5% of the parcel, and no more than 1% of the parcel
will be covered with impervious surfaces; and accessory uses.
[Amended 9-6-11 by Ord. No. 2011-14; 3-5-2019 by Ord. No. 2019-4]
(b)
In all other zones within the Pinelands Area: agriculture; forestry;
and low-intensity recreational uses.
(10)
Any owner of land within the Township's PA Zone may, pursuant
to N.J.A.C. 7:50-4, Part VI, secure a letter of interpretation from
the Pinelands Commission as to the Pinelands development credits allocated
to that parcel of land.
(11)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approval agency with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approval agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 55-277 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Amended 6-4-01 by Ord. No. 2001-15]
(12)
Pinelands development credits shall be used in the following
manner:
(b)
When a variance of density or minimum lot area requirements
for the RH, RM, RL or RL/AC Zones is granted by the Township, Pinelands
development credits shall be used for all dwelling units or lots in
excess of that otherwise permitted without the variance.
[Amended 7-16-01 by Ord. No. 2001-29]
(c)
When a variance or other approval for a nonresidential use not
otherwise permitted in the RH, RL or RL/AC Zones is granted by the
Township, Pinelands development credits shall be used at 50% of the
maximum rate permitted for Pinelands development credit use in the
zone in which the nonresidential use will be located for parcels under
10 acres in size; at 75% of the maximum rate for parcels between 10
and 20 acres in size; and at 100% of the maximum rate for parcels
over 20 acres in size. This requirement shall not apply to a variance
or other approval which authorizes the expansion of or changes to
existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.
[Amended 6-4-01 by Ord. No. 2001-15]
(d)
When a variance or other approval for a residential use in the
Regional Growth Area portion of the CN Zone is granted by the Township,
Pinelands development credits shall be used for 50% of the authorized
units for parcels under 10 acres in size; for 75% of the authorized
units for parcels between 10 and 20 acres in size and for 100% of
the authorized units for parcels over 20 acres in size.
[Amended 6-4-01 by Ord. No. 2001-15]
(e)
When a variance for cultural housing is granted by the Township in accordance with § 55-64A of this chapter.
(f)
When a waiver of strict compliance is granted by the Pinelands
Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
(g)
When a variance of density or lot area requirements for a residential
or principal nonresidential use in the PV Zone or in that portion
of the CN Zone located in a Pinelands Village is granted by the Township,
Pinelands development credits be used for all dwelling units or lots
in excess of that permitted without the variance.
[Amended 4-3-89 by Ord. No. 1989-8; 6-5-89 by Ord. No. 1989-14; 6-19-89 by Ord. No. 1989-19;
8-20-90 by Ord. No. 1990-26; 4-5-93
by Ord. No. 1993-8; 9-7-93 by Ord. No. 1993-33 § 8; 12-16-96
by Ord. No. 1996-60 §§ 11—16;
6-2-97 by Ord. No. 1997-14 § 2;
8-4-97 by Ord. No. 1997-16 § 2]
A.
Permitted Uses.
(1)
Detached single-family dwellings on three and two-tenths (3.2) acre lots or one (1.0) acre lots, in accordance with § 55-64.
(2)
Detached single-family dwellings on lots of at least one (1.0) acre
in size existing as of January 14, 1981, provided that:
[Amended 9-6-11 by Ord. No. 2011-14]
(a)
The owner of the lot to be developed acquires sufficient vacant
contiguous or noncontiguous land which, when combined with the acreage
of the lot proposed for development, equals at least seventeen (17)
acres;
(b)
All lands acquired pursuant to paragraph (a) above, which may
or may not be developable, are located in the PF Zone;
(c)
All noncontiguous lands acquired pursuant to paragraph (a) above shall be permanently protected through recordation of a deed of restriction. Such deed of restriction shall permit the parcel to be managed for low- intensity recreation, ecological management and forestry, provided that no more than five percent (5%) of the land may be cleared, no more than one percent (1%) of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 55. Such restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission;
(d)
Tax assessments for the acquired noncontiguous lands shall be
combined and assigned to the land to be developed; and
(3)
Detached single-family dwellings on minimum seventeen (17) acre lots, provided that clustering of the permitted dwellings shall be required in accordance with § 55-42E whenever two (2) or more units are proposed as part of a residential development.
[Amended 9-6-11 by Ord. No. 2011-14]
(4)
Crop and tree farming and horticulture of native Pinelands plants;
nurseries.
(5)
Raising and keeping of a farm animal for domestic use on a lot having
not less than one (1) acre.
Additional farm animals shall not exceed one (1) per every one
(1) additional acre. There shall be no storage of manure within one
hundred (100) feet of any adjoining property line.
(6)
Commercial farms for the raising, building and keeping of livestock
and poultry for gain on a lot having not less than five (5) acres,
provided further that no building housing such animals and no storage
of manure shall be permitted within two hundred (200) feet of any
adjoining lot line.
(7)
Farming operations, as defined in this chapter, except the keeping
or raising of swine shall not be allowed except as part of a general
farming operation, and the number of swine be allowed on any farm.
No building or enclosure for swine shall be closer than two hundred
(200) feet to any property line. No building for the shelter of fowl
or other farm livestock shall be closer than fifty (50) feet to any
property line or street line, except that where a property line forms
the boundary of a residential zone, the setback shall be increased
to one hundred (100) feet.
(9)
Riding stables.
B.
Accessory and Temporary Uses.
(1)
Buildings and other structures customarily accessory to permitted
residential and agricultural uses, including detached private garages,
barns, sheds, and the like. Storage sheds, provided that they do not
exceed a total area of one hundred eighty (180) square feet.
(2)
Private residential tennis courts and swimming pools, provided that
such pools are enclosed by safety fences of not less than four (4)
feet in height.
(4)
Temporary on-site construction trailers for which permits may be
issued for periods up to one (1) year, subject to renewal.
(6)
Display dwellings used for sales purposes in residential subdivision
or projects, provided that such uses shall be terminated when the
last lot is sold or unit occupied.
(7)
Agricultural commercial establishments for the sale of farm products
grown or raised on the premises by the owner or operator of the farm.
There shall be a limit of one (1) establishment per farm. Such stands
shall be set back a minimum of sixty (60) feet from the street line
and shall be a maximum of five thousand (5,000) square feet in size.
C.
Conditional Uses. The following uses shall be permitted in the PF
Zone subject to issuance of a conditional use permit in conformance
with the provisions of this chapter:
(2)
Public service infrastructure intended to primarily serve the needs
of the Pinelands. Centralized waste water treatment and collection
facilities shall be permitted to service the Forest Area District
only in accordance with N.J.A.C. 7:50-6.84(a)2.
(3)
[Deleted 3-20-95 by Ord. No. 1995-15 § 2; 8-5-96
by Ord. No. 1996-27 § 2]
(4)
[Deleted 3-20-95 by Ord. No. 1995-15 § 2; 8-5-96
by Ord. No. 1996-27 § 2]
(5)
Pinelands resource-related industrial or manufacturing uses, excluding
resource extraction and uses that rely on sand or gravel as raw products,
provided that:
[Amended 7-16-01 by Ord. No. 2001-29]
(6)
Agricultural commercial establishments excluding supermarkets, restaurants,
and convenience stores, but including garden centers provided that:
(7)
Roadside retail sales and service establishments, provided that:
(a)
The parcel proposed for development has roadway frontage of
at least fifty (50) feet;
(b)
No portion of any structure proposed for development will be
more than three hundred (300) feet, measured along a line parallel
to the roadway, from the closest part of a roadside retail sales and
service establishment structure that was in existence on February
7, 1979; and
(c)
The proposed use will not unduly burden public services, including
but not limited to water, sewer, and roads.
(8)
Institutional uses, limited to municipal offices, fire and rescue
stations, public schools and colleges, day nurseries, libraries and
museums, hospitals, medical clinics, convalescent homes, places of
worship including parish and educational buildings and cemeteries
providing that:
(a)
The use does not require or will not generate subsidiary or
satellite development in the PF Zone.
(b)
The applicant has demonstrated that adequate public service
infrastructures will be available to serve the use; and
(c)
The use is primarily designed to serve the needs of the PF Zone
in which the use is to be located.
(9)
Low-intensity recreational uses, including but not limited to camping
provided that:
(a)
The parcel proposed for low-intensity recreational use has an
area of at least fifty (50) acres.
(b)
The recreational use does not involve the use of motorized vehicles
except for necessary transportation.
(c)
Access to bodies of water is limited to no more than fifteen
(15) linear feet of frontage per one thousand (1,000) feet of water
body frontage.
(d)
The parcel will contain not more than six (6) campsites per
acre, provided that the campsites shall not be clustered at a net
density exceeding ten (10) campsites per acre.
(e)
Clearing of vegetation, including ground cover and soil disturbance,
does not exceed five percent (5%) of the parcel.
(f)
No more than one percent (1%) of the parcel will be covered
by impervious surfaces.
[Amended 9-6-11 by Ord. No. 2011-14]
(10)
Expansion of intensive recreational uses, provided that:
(a)
The intensive recreational use was in existence on February
7, 1979 and the capacity of the use will not exceed two (2) times
the capacity of the use on February 7, 1979;
(b)
The use is necessary to achieve recreational use of a particular
element of the existing Pinelands environment; and
(c)
The use is environmentally and aesthetically compatible with
the character of the Pinelands Forest Area and the characteristics
of the particular basin in which the use is to be located, taking
into consideration the proportion of cleared and developed land, ambient
water quality, ecologically sensitive areas and unique resources,
and will not unduly burden public services.
D.
Lot and Building Requirements.
(1)
Minimum lot size:
(b)
For lots with other detached single-family dwellings: seventeen (17.0) acres, provided that clustering on one (1) acre lots shall be required in accordance with § 55-42E whenever two (2) or more units are proposed as part of a residential development.
[Amended 9-6-11 by Ord. No. 2011-14]
(c)
For all other uses: five (5.0) acres, unless otherwise specified
in this section, or as necessary to meet the standards of the Pinelands
Comprehensive Management Plan as contained in this chapter.
(d)
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the PF Zone shall be less than that needed to meet the water quality standards of § 55-291B(4), whether or not the lot may be served by a centralization sewer treatment or collection system.
(2)
Minimum lot width: two hundred (200) feet.
(3)
Minimum yard requirements:
(a)
Front yard: two hundred (200) feet, unless otherwise specified,
except that if compliance with this minimum is constrained by physical
or environmental considerations, involves a farm operation, or development
within one thousand (1,000) feet has front yards less than two hundred
(200) feet, a setback of not less than seventy-five (75) feet may
be permitted.
(b)
Side yard: fifty (50) feet for principal buildings, ten (10)
feet for accessory buildings.
(c)
Rear yard: seventy-five (75) feet for principal buildings, ten
(10) feet for accessory buildings.
(4)
Maximum lot coverage: twenty percent (20%).
(5)
Maximum building height: two and five-tenths (2.5) stories or thirty-five
(35) feet.
E.
Clustered Development. Residential dwellings permitted under paragraph
A(3) of this section shall be clustered in accordance with the following
requirements:
[Amended 9-6-11 by Ord. No. 2011-14]
(1)
Permitted density: one (1) unit per seventeen (17) acres.
(2)
The number of residential lots permitted within the cluster shall
be calculated on the basis of the size of the parcel of land and the
density permitted in paragraph (1) above, with a bonus applied as
follows:
(3)
The residential cluster shall be located on the parcel such that
the development area:
(4)
Development within the residential cluster shall be designed as follows:
(a)
Residential lots shall be one (1) acre in size but may be larger
if dictated by unusual site conditions. In no case shall the average
size of residential lots within a cluster exceed 1.1 acres;
(b)
The minimum requirements specified in Appendix B: Schedule of
Area, Yard and Building Requirements West of the Parkway for the Pinelands
Village (PV) Zone shall apply;
(c)
Individual on-site septic waste water treatment systems which are intended to reduce the level nitrate/nitrogen in the waste that comply with the standards of § 55-291B(4) may serve the lots within the cluster development area. Community on-site waste water treatment systems serving two (2) or more residential dwelling units which meet the standards of §§ 55-291B(5) or (7) shall also be permitted;
(d)
The residential cluster development area shall include such
land and facilities as are necessary to support the development, including
wastewater facilities, stormwater management facilities and recreation
amenities; and
(e)
Permitted recreation amenities may include playgrounds, tot
lots, swimming pools, tennis courts and other such recreational facilities,
which are solely for use by the residents of the cluster development.
Recreational amenities shall not be limited to the foregoing so that
the applicant may propose additional facilities. All such facilities
shall be accessory to the residential cluster development. No advertising
or commercial enterprise shall be permitted. In no case may such amenities
occupy more than one-half (1/2) acre of land or the equivalent of
one (1) acre of land for every twenty-five (25) residential lots,
whichever is greater.
(5)
The balance of the parcel located outside of the residential cluster
development shall be owned and managed by a duly constituted homeowners'
association, a nonprofit conservation organization, Barnegat Township
or incorporated as part of one of the lots within the cluster development
area.
(a)
All such land shall be permanently protected through recordation
of a deed of conservation restriction. Such restriction shall be in
favor Barnegat Township or another public agency or nonprofit conservation
organization. In all cases, such restriction shall be expressly enforceable
by the Pinelands Commission; and
(b)
The deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than five percent (5%) of the land may be cleared, no more than one percent (1%) of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 55.
[Amended 6-5-89 by Ord. No. 1989-14; 6-19-89 by Ord. No. 1989-19; 8-20-90 by Ord. No. 1990-26;
4-1-91 by Ord. No. 1991-8; 9-7-93
by Ord. No. 1993-38; 4-5-93 by Ord. No. 1993-8; 11-4-96 by Ord. No. 96-52; 12-16-96 by Ord.
No. 1996-60 §§ 17—18]
The following regulations apply in the RL and RL/AC Zone:
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes, together
with its accessory structures.
(2)
Adult community housing, subject to the provisions of this chapter.
(3)
Cluster development, subject to the provisions of this chapter.
(4)
Municipal offices and fire and rescue stations.
(5)
Public schools and colleges.
(6)
Day nurseries.
(7)
Parks and preserves.
(8)
Libraries and museums.
(9)
Hospitals, clinics and convalescent homes.
(10)
Places of worship, including parish and educational buildings.
(11)
Golf courses and country clubs.
(12)
Recreational membership facilities, including swimming and tennis
clubs.
(13)
Vehicle campgrounds, public or private.
(14)
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems necessary for the furnishing of adequate service by such utility
or agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety and general welfare.
(15)
Crop and tree farming and horticulture, including greenhouses,
nurseries and accessory sheds.
(16)
Raising and keeping of a farm animal for domestic use on a lot
having not less than one (1) acre. Additional farm animals shall not
exceed one (1) per every one (1) additional acre. There shall be no
storage of manure within one hundred (100) feet of any adjoining property
line.
(17)
Commercial farms for the raising, building and keeping of livestock
and poultry for gain on a lot having not less than five (5) acres,
provided further that no building housing such animals and no storage
of manure shall be permitted within two hundred (200) feet of any
adjoining lot line.
(19)
Roadside stands for the retail sale of garden produce, similar
goods and related supplies and products.
C.
Conditional Uses. The following uses shall be permitted in the RL
and RL/AC Zones, subject to issuance of a conditional use permit in
conformance with the provisions of this chapter:
(1)
[Deleted 3-20-95 by Ord. No. 1995-15 § 2; 8-5-96
by Ord. No. 1996-27 § 2]
(2)
[Deleted 3-20-95 by Ord. No. 1995-15 § 2; 8-5-96
by Ord. No. 1996-27 § 2]
(3)
Cemeteries.
(4)
Public utility uses, such as water towers, electric substations,
radio towers and transmission lines, which must be provided above
ground.
D.
Lot and Building Requirements. These shall be as prescribed in the Schedule of Area, Yard and Building Requirements in this chapter, except as provided in § 55-300 for unsewered lots in the Pinelands Area.
E.
Use of Pinelands Development Credits to Increase Density.
(1)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approval agency with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approval agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to Section 55-277 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Added 6-4-01 by Ord. No. 2001-15]
(2)
A density bonus of one (1) residential unit shall be yielded for
each one-quarter (0.25) of a Pinelands development credit redeemed.
In no event, however, shall the number of dwelling units to which
an applicant is entitled exceed twice the number otherwise permitted.
The minimum lot size shall be twenty-one thousand seven hundred eighty
(21,780) square feet.
(3)
All applications in which the use of Pinelands development credits
in the RL and RL/AC Zone is proposed shall be referred to the Planning
Board and the Pinelands Commission for review and certification.
(4)
No permit shall be issued for any development in the RL and RL/AC
Zone using Pinelands development credits to increase residential density
unless the Pinelands Commission shall first certify in writing that
credits are owned by the applicant and that the same credits have
not been or are not being used to secure density bonuses elsewhere.
(5)
Any municipal variance approval which grants relief from the density
or lot area requirements set forth in the Schedule of Area, Yard and
Building Requirements for the RL or RL/AC Zones shall require that
Pinelands development credits be used for all dwelling units or lots
in excess of that permitted without the variance.
(6)
Any variance or other approval for a nonresidential use not otherwise
permitted in the RL/AC Zone shall require that Pinelands development
credits be used at fifty percent (50%) of the maximum rate permitted
for Pinelands development credit use in the zone in which the nonresidential
use will be located for parcels under ten (10) acres in size; at seventy-five
percent (75%) of the maximum rate for parcels between ten (10) and
twenty (20) acres in size; and at one hundred percent (100%) of the
maximum rate for parcels over twenty (20) acres in size. This requirement
shall not apply to a variance or other approval which authorizes the
expansion of or changes to existing nonresidential uses in accordance
with N.J.A.C. 7:50-5.2.
[Amended 6-4-01 by Ord. No. 2001-15]
[Deleted 6-19-89 by Ord. No. 1989-19]
[Amended 4-3-89 by Ord. No. 1989-8; 6-19-89 by Ord. No. 1989-19]
The following regulations apply in the RM Zone:
A.
Permitted Uses.
(1)
Detached single-family dwelling for residential purposes, together
with its accessory structures.
(2)
Parks and preserves.
(3)
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems necessary for the furnishing of adequate service by such utility
or agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
(4)
Crop and tree farming and horticulture, including greenhouses, nurseries
and accessory sheds.
B.
Accessory and Temporary Uses.
(1)
Same as those permitted in the PF Zone, except agricultural commercial
establishments.
C.
Conditional Uses. The following uses shall be permitted in the RM
Zone, subject to issuance of a conditional use permit in conformance
with the provisions of this chapter.
(1)
[Deleted 3-20-95 by Ord. No. 1995-15 § 2; 8-5-96
by Ord. No. 1996-27 § 2]
(2)
[Deleted 3-20-95 by Ord. No. 1995-15 § 2; 8-5-96
by Ord. No. 1996-27 § 2]
(3)
Public utility uses, such as water towers, electric substations,
radio towers and transmission lines, which must be provided above
ground.
(4)
Indoor antique auction, conducted for commercial gain, provided that
the use must be carried out and housed within a structure other than
a residence and provided further that not more than six (6) persons
may be employed on the premises.
(5)
Raising and keeping of a farm animal for domestic use on a lot having
not less than one (1) acre. Additional farm animals shall not exceed
one (1) per every one (1) additional acre. There shall be no storage
of manure within one hundred (100) feet of any adjoining property
line.
D.
Lot and Building Requirements. These shall be as prescribed in the Schedule of Area, Yard and Building Requirements in this chapter, except as provided in § 55-300 for unsewered lots in the Pinelands Area.
E.
Any municipal variance approval which grants relief from density
or lot area requirement set forth in the Schedule of Area, Yard and
Building Requirements for the RM Zone shall require that Pinelands
development credits be used for all dwelling units or lots in excess
of that permitted without the variance.
[Deleted 6-19-89 by Ord. No. 1989-19]
[Amended 4-3-89 by Ord. No. 1989-8; 6-5-89 by Ord. No. 1989-14; 6-19-89 by Ord. No. 1989-19;
4-1-91 by Ord. No. 1991-8; 12-16-96
by Ord. No. 1996-60 § 19;
6-7-04 by Ord. No. 2004-23 § 3]
The following regulations apply in the RH Zone:
A.
Permitted Uses.
(1)
Detached single-family dwellings for residential purposes, together
with accessory structures.
(2)
Parks and preserves.
(3)
The erection, construction, alteration or maintenance by a public
utility or municipal agency of underground distribution or collection
systems necessary for the furnishing of adequate service by such utility
or agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
(4)
Pump stations.
B.
Accessory and Temporary Uses.
(1)
Same as those permitted in the PF Zone, except agricultural commercial
establishments.
C.
Conditional Uses. The following uses shall be permitted in the RH
Zone, subject to issuance of a conditional use permit in conformance
with the provisions of this chapter:
(1)
Public utility, commercial and private uses, such as water towers,
electric substations, radio towers and transmission lines, which must
be provided above ground.
[Amended 8-2-04 by Ord. No. 2004-34]
D.
Lot and Building Requirements. These shall be as prescribed in the Schedule of Area, Yard and Building Requirements in this chapter, except as provided in § 55-300 for unsewered lots in the Pinelands Area.
E.
Development of Lots Under Ten Thousand (10,000) Square Feet.
[Amended 6-4-01 by Ord. No. 2001-15]
(1)
Within the RH Zone, detached single family dwellings may be permitted
in existing lots between nine thousand (9,000) and ten thousand (10,000)
square feet in size, provided that:
(a)
The owner of the lot proposed for development:
[1]
Purchases and redeems one-quarter (0.25) Pinelands development
credits; or
[2]
Permanently protects two (2) existing lots in the RC Zone by
dedicating them as open space through recordation of a restriction
on the deed to the lots, with no further development permitted except
fish and wildlife management and low intensity recreational uses.
Any such deed restriction shall be in a form to be approved by the
Township Solicitor and the Pinelands Commission; or
[3]
Permanently protects two-thirds (2/3) of an acre of vacant land
in the RC Zone which is not defined as wetlands and is located outside
of existing residentially subdivided lots through recordation of a
restriction on the deed to said parcel, with no further development
permitted except fish and wildlife management and low intensity recreational
uses. Any such deed restriction shall be in a form to be approved
by the Township Solicitor and the Pinelands Commission; or
[4]
Permanently protects two (2.0) acres of vacant land in the RC
Zone which is defined as wetlands and is located outside of existing
residentially subdivided lots through recordation of a restriction
on the deed to said parcel, with no further development permitted
except fish and wildlife management and low intensity recreational
uses. Any such deed restriction shall be in a form to be approved
by the Township Solicitor and the Pinelands Commission.
(b)
The Township shall maintain and make available an inventory
of vacant lots in the RC Zone. Said inventory shall include the names
and mailing addresses of the owners of all vacant lots in the RC Zone.
(c)
Any person proposing to develop a lot in the RH Zone between
nine thousand (9,000) and ten thousand (10,000) square feet in size
who, as of the effective date of this section, also owns a lot or
lots in the RC Zone shall be required to permanently protect said
lot or lots in the RC Zone in accordance with (a)[2] above, prior
to purchasing and redeeming Pinelands development credits in accordance
with (a)[1] above. If said lot or lots in the RC Zone were sold or
transferred subsequent to the effective date of this section, another
lot or lots in the RC Zone must be permanently protected in accordance
with (a)[2] above, prior to the purchase and redemption of Pinelands
development credits in accordance with (a)[1] above.
(d)
No development in the RH Zone involving the permanent protection
of lots or other lands in the RC Zone in accordance with (a)[2], [3]
and [4] above shall be approved until the developer has provided the
Pinelands Commission and the Township with evidence of his ownership
of the requisite lots or other lands. A deed restriction on the requisite
lots or other lands shall be duly recorded prior to the issuance of
any building or construction permits.
(e)
No development involving the use of Pinelands development credits in the RH Zone shall be approved until the developer has provided the Pinelands Commission and the Township with evidence of his ownership and redemption of the requisite Pinelands development credits. Notification of any such approval shall be made to the Commission pursuant to Section 55-277 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6, prior to the issuance of any building or construction permits.
(f)
By complying with the steps set forth in (a) through (e) the
property owner will avoid the need and not be required to apply to
the Zoning Board of Adjustment for a bulk variance as a result of
owning a lot of less than ten thousand (10,000) but at least nine
thousand (9,000) square feet in size.
[Added 8-2-04 by Ord. No. 2004-34 § 2]
(g)
When an applicant requests of the Township Attorney and the
Township Engineer approval to deed restrict two (2) vacant lots in
the RC Zone in order to obtain approval to construct on one (1) single
family lot in the RH Zone, said request shall include an application
fee of five hundred dollars ($500.) payable to the Township of Barnegat.
Said funds shall be placed in the appropriate escrow account of the
Township for legal and engineering fees, legal publication fees and
recording fees. Any unused funds shall be returned to the applicant
after completion of this process. If the escrow deposit is depleted
the applicant will replenish the escrow account by an additional payment
of five hundred dollars ($500.) upon request from the Township.
[Added 11-5-07 by Ord. No. 2007-21]
[Added 6-7-04 by Ord. No. 2004-23 § 4]
The following regulations apply in the RC Zone:
A.
Purpose. The RC Residential Conservation Zone constitutes a portion of an existing subdivision within the Pinelands Regional Growth Area which contains habitat critical to the survival of one (1) or more local populations of threatened and endangered plant and animal species. In order to afford adequate protection to said critical habitat as required pursuant to N.J.A.C. 7:50-6, Parts II and III, of the Comprehensive Management Plan and Sections 55-295E and 55-299B of this chapter, residential development is not permitted; however, land in the RC Zone may be used to facilitate the development of detached single family dwellings on certain lots in the RH Residential High Zone in accordance with Section 55-47E.
B.
Permitted Uses.
(1)
Fish and wildlife management.
(2)
Low intensity recreational uses.
(3)
Maintenance by a public utility or municipal agency of those underground
distribution or collection systems existing as of the effective date
of this section as necessary for the furnishing of adequate service
by such utility or agency to the use on the same lot and/or surrounding
neighborhood or for the public health, safety or general welfare.
(4)
The installation of water lines, provided that any such line will
be located under the existing paved road known as Harpoon Drive and
no widening in the paved surface of said road occurs.
(5)
Pump stations, roads and other public service infrastructure, provided
same:
(a)
Was in existence as of the effective date of this section; or
(b)
Received all necessary local permitting agency approvals and
a letter of no further review from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4, Part III, prior to the effective date
of this section; or
(c)
Received approval from the Pinelands Commission pursuant to
N.J.A.C. 7:50-4, Part IV, prior to the effective date of this section.
(6)
Detached single-family dwellings existing as of the effective date
of this section, in accordance with the lot and building requirements
of the RH Zone.
[Added 9-7-04 by Ord. No. 2004-42]
[Deleted 6-19-89 by Ord. No. 1989-19]
[Amended 4-3-89 by Ord. No. 1989-8; 8-20-90 by Ord. No. 1990-26; 12-16-96 by Ord. No. 1996-60 § 20]
The following regulations apply in the M-H Zone:
A.
Permitted Uses.
(1)
Detached mobile home dwelling for residential purposes, together with its accessory structures, constructed in accordance with the Code of the Township of Barnegat, Chapter 56, entitled "Mobile Home Parks."
(2)
Municipal offices and fire and rescue stations.
(3)
Parks and preserves.
(4)
Public service infrastructure intended to primarily serve the needs
of the Pinelands. Centralized waste water treatment and collection
facilities shall be permitted to service the M-H zone only in accordance
with N.J.A.C. 7:50-6.84(a)2.
B.
Accessory and Temporary Uses.
C.
Conditional Uses. The following uses shall be permitted in the M-H
Zone, subject to issuance of a conditional use permit in conformance
with the provisions of this chapter:
(1)
Same as specified for the PF Zone.
D.
Land and Building Requirements. Use of lots which do not meet the minimum area requirements set forth in § 55-300, shall be subject to approval by the Pinelands Commission, if in the Pinelands Area.
(1)
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a non-residential use within the M-H Zone shall be less than that needed to meet the water quality standards of § 55-291B(4), whether or not the lot may be served by a centralized sewer treatment or collection system.
[Amended 6-19-89 by Ord. No. 1989-19; 4-5-93; Ord. No. 1993-8; 12-16-96 by Ord. No. 1996-60 § 21]
The following regulations apply in the PV Zone:
A.
Permitted Uses.
(1)
Same as those permitted in the RL Zone, but not including adult community
housing and cluster development, hospitals, convalescent homes, provided
that:
D.
Lot and Building Requirements. These shall be as prescribed in the Schedule of Area, Yard, and Building Requirements in this chapter, except as provided in § 55-300 for unsewered lots in the Pinelands Area.
E.
Any municipal variance approval which grants relief from the density
or lot area requirements set forth in the Schedule of Area, Yard and
Building Requirements for a residential or principal nonresidential
use in the PV Zone shall require that Pinelands development credits
be used for all dwelling units or lots in excess of that permitted
without the variance.
[Amended 7-16-01 by Ord. No. 2001-29]
[Amended 4-3-89 by Ord. No. 1989-8; 6-5-89 by Ord. No. 1989-14; 8-20-90 by Ord. No. 1990-26;
3-20-95 by Ord. No. 1995-15; 8-5-96
by Ord. No. 1996-27; 12-16-96 by Ord. No. 1996-60 § 22; 6-2-97
by Ord. No. 1997-14 § 2;
8-4-97 by Ord. No. 1997-16 § 2;
8-17-98 by Ord. No. 1998-14 § 3;
7-16-01 by Ord. No. 2001-29]
A.
Special Requirements for C-PHD Zone in the Pinelands Area.
(1)
Permitted uses: same as those permitted in the PF Zone, except that
no new residential development shall be permitted.
(2)
Accessory and temporary uses: same as those permitted in the PF Zone.
(3)
Conditional uses: same as those specified in the PF Zone, except that the provisions of § 55-42C(7)(b) shall not apply in the C-PHD Zone.
(4)
Lot and building requirements: same as in the PF Zone, except that
the minimum lot size shall be two and five-tenths (2.5) acres or as
necessary to meet the standards of the Pinelands Comprehensive Management
Plan as contained in this chapter.
(a)
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for nonresidential use within the C-PHD Zone shall be less than that needed to meet the water quality standards of § 55-291B(4), whether or not the lot may be served by a centralized sewer treatment or collection system.
[Deleted 6-19-89 by Ord. No. 1989-19]
[Amended 4-3-89 by Ord. No. 1989-8; 6-5-89 by Ord. No. 1989-14; 6-19-89 by Ord. No. 1989-19;
4-1-91 by Ord. No. 1991-8; 4-5-00
by Ord. 1993-8 § 18; 12-16-96 by Ord. No.
1996-60 § 23—25]
A.
Permitted Uses.
(1)
Retail trade and service establishments, including the sale of groceries,
baked goods, fishing supplies, apparel, gifts, antiques, housewares
and appliances, barber and beauty shops, laundries and such other
similar uses.
(2)
Business and professional offices.
(3)
Automotive filling stations.
(4)
Day nurseries.
(5)
Parks and preserves.
(6)
The erection, construction, alteration and maintenance by a public
utility or municipal agency of underground distribution and collection
systems necessary for the furnishing of adequate service by such utility
or agency to the use on the same lot and/or surrounding neighborhood
or for the public health, safety or general welfare.
(7)
Funeral homes.
(8)
Restaurants.
(9)
[Deleted 5-16-05 by Ord. No. 2005-28]
(10)
Car wash.
[Amended 5-16-05 by Ord. No. 2005-28]
(11)
Sales establishments for lumber and other building materials
and related equipment and apparatus.
(12)
Animal hospital.
(13)
Vehicle body shop and repairs.
(14)
Municipal offices and fire and rescue stations.
(15)
Libraries and museums.
(16)
Hospitals, clinics, convalescent homes and continual care facilities.
(17)
Places of worship, including parish and educational buildings.
(18)
Nonprofit civic, social and fraternal organizations.
(19)
Recreational membership facilities, including swimming and tennis.
(20)
Nursing homes.
[Added 5-16-05 by Ord. No. 2005-28]
B.
Accessory and Temporary Uses.
(1)
One (1) accessory apartment in a permitted business establishment,
such apartment to be no less than seven hundred (700) square feet
in area.
(2)
Temporary on-site construction trailers for which permits may be
issued for periods up to one (1) year, subject to renewal.
(3)
Signs as provided for in this chapter.
(4)
Off-street parking as provided for in this chapter.
C.
Conditional Uses. The following uses shall be permitted in the C-N
Zone, subject to issuance of a conditional use permit in conformance
with the provisions of this chapter:
(1)
[Deleted 3-20-95 by Ord. No. 1995-15; 8-5-96 by Ord. No. 1996-27
§ 2]
(2)
[Deleted 3-20-95 by Ord. No. 1995-15; 8-5-96 by Ord. No. 1996-27
§ 2]
(3)
Public utility uses, such as water towers, electric substations,
radio towers and transmission lines, which must be provided above
ground.
(4)
[Deleted 5-16-05 by Ord. No. 2005-28]
(5)
Self-storage facilities (mini-warehouse).
[Added 5-16-05 by Ord. No. 2005-28]
(a)
Minimum lot area: three (3) acres.
(b)
Minimum side and rear yard setbacks: fifty (50) feet.
(c)
Screening shall be required in the front yard area to enhance
the appearance and screen the self-storage facility from roadways.
Such screening may consist of fences, walls, natural vegetation and
landscaping, or some combination thereof, and shall be specifically
approved by the planning board.
(d)
Maximum building height: twenty-four (24) feet and two (2) stories.
(e)
No flammable materials, hazardous chemicals or explosives shall
be permitted to be stored at the site.
(f)
The servicing, repair or fabrication of motor vehicles, boats,
trailers, lawn mowers, appliances or similar equipment shall be prohibited.
(g)
Auctions, wholesale and retail sales and garage or other miscellaneous
sales shall be prohibited.
(h)
The operation of power tools, spray painting, compressors and
other similar equipment shall be prohibited.
(i)
Outdoor storage shall be limited to the storage of boats, boat
trailers and recreational vehicles, and any such storage shall not
be visible from any property line.
(j)
Self-storage facilities (mini-warehouse) must front on and have
primary access to and from, a County road or a New Jersey State Highway.
Access to a local Barnegat Township roadway shall not be permitted.
(k)
A proposed self-storage (mini-warehouse) facility shall not
be located any closer than two thousand (2,000) feet to a similar
type of facility.
(6)
Fast food restaurants provided that no residential structure is located
within a three hundred (300) foot radius of the building lot upon
which the fast food restaurant will be located. This conditional use
shall be permitted with the following conditions:
(a)
The proposed use must be situated within a larger commercial
site located on a State or County highway.
(b)
The proposed use will have a minimum separation distance of
three hundred (300) feet from any existing residential dwelling.
(c)
The proposed use shall be architecturally compatible with the
overall commercial site.
(7)
Mixed use development. Mixed use development shall be a conditional
use that is permitted subject to the following conditions:
[Added 7-28-14 by Ord. No. 2014-15; amended 10-20-14 by Ord. No. 2014-23]
(a)
Mixed use development shall be permitted only on property directly
accessed by a county road. Mixed use development shall not be permitted
on property that is accessed solely by a municipal roadway.
(b)
Any mixed use development shall include retail/commercial space,
permitted on the first floor only. Residential multi-family apartments
shall all be age-restricted and restricted and permitted on the second,
third and fourth floors.
[Amended 3-1-16 by Ord. No. 2016-02]
(c)
The residential component of a mixed use development shall be
in conjunction with no less than 90,000 square feet of retail/commercial
space.
(d)
All multi-family residential units shall be age-restricted and
limited to one- and two-bedroom units. One-bedroom units shall be
no less than 800 square feet, two-bedroom units shall be no less than
1,100 square feet.
(e)
The maximum density permitted for age-restricted multi-family
residential mixed use development shall be 11 units per acre. Pinelands
Development Credits shall be purchased and redeemed for twenty-five
percent (25%) of all residential units within a mixed use development.
(f)
Mixed use development shall be permitted only on property within
a Pinelands Regional Growth Area.
(g)
The proposed mixed use development shall comply with the minimum parking requirements set forth in Section 55-173 of the Barnegat Township Land Use Code. The provisions of Section 55-173(D)(4) regarding shared parking standards shall be available to developments seeking conditional use approval under this section.
(h)
All mixed development shall conform to the following conditional bulk standards, which bulk standards shall supersede the Schedule of Area, Yard and Building Requirements found in Section 55-62 for the C-N Commercial Neighborhood Zone:
[1]
Minimum lot size of 13 acres.
[2]
Minimum lot frontage of 1,500 feet on a County Road.
[3]
Minimum lot depth of 400 feet.
[4]
Minimum front yard setback of 50 feet.
[5]
Minimum side yard setback of 10 feet.
[6]
Minimum combined side yard setback of 35 feet.
[7]
Minimum rear yard setback of 30 feet.
[8]
Maximum building lot coverage of 50%.
[9]
Maximum building height of 4 stories or 48 feet.
[Amended 3-1-16 by Ord. No. 2016-02]
(8)
Condominium development.
[Added 4-4-2017 by Ord.
No. 2017-12]
(a)
A condominium development shall only be permitted on property
directly accessed by a county road. A condominium development shall
not be permitted on property that is accessed solely by a municipal
roadway.
(b)
A condominium development shall be permitted only on property
located within the Pinelands Regional Growth Area.
(c)
Ownership of the condominium units shall be in accordance with
the provisions of N.J.S.A. 46:4B-1 et seq. The form of the master
deed, the covenants and restrictions for the community and the bylaws
of the homeowners association shall be subject to review and approval
by the Planning Board and the Township Committee. In addition, the
covenants and restrictions shall provide that same shall not be altered,
amended, voided or released, in whole or in part, without the written
consent of the Township, by resolution duly adopted at a regular meeting
of the Township Committee.
(d)
All units shall be age-restricted and limited to one- and two-bedroom
units. One-bedroom units shall be no less than 800 square feet. Two-bedroom
units shall be no less than 950 square feet with a minimum of 70%
of the two-bedroom units having no less than 1,100 square feet.
[Amended 5-8-2020 by Ord. No. 2020-5]
(e)
The maximum permitted density for age-restricted occupied condominium
units shall be fifteen (15) units per acre. A maximum of 20% affordable
housing set-aside may be provided as set forth in the Fair Housing
Act, N.J.S.A. 52:27D-329.9. Not more than 10 of the affordable units
may be low-income and the remaining shall be moderate-income. Pinelands
Development Credits shall be purchased and redeemed for twenty-five
percent (25%) of all units in the condominium development. Redemption
of Pinelands Development Credits shall not be required for affordable
housing units provided to meet the requirements of the Fair Housing
Act, N.J.S.A. 52:27D-329.9, provided such affordable units do not
exceed 20% of the total number of proposed units. All affordable units
shall comply with the New Jersey Uniform Housing Affordability Controls
and shall be managed by the Township's Administrative Agent for Affordable
Housing. The developer shall be required to enter into a developer's
agreement with the Township to effectuate same.
[Amended 5-8-2020 by Ord. No. 2020-5]
(f)
The condominium development shall include a clubhouse and other
outdoor recreation amenities to be approved by the Planning Board,
which may include amenities such as picnic pavilions, tables benches,
grills, bocce, horseshoe pits, fire pits, and the like, for sole use
by the residents of the development and their guests. A clubhouse
shall be provided for all projects having 50 or more units and shall
provide 17 square feet of indoor area per unit, but shall not be less
than 1,000 square feet in area.
[Amended 5-8-2020 by Ord. No. 2020-5]
(g)
The proposed condominium development shall comply with the minimum parking requirements set forth in § 55-173 of the Barnegat Township Land Use Code. No additional parking above what is required for the condominium units shall be required for the clubhouse and outdoor recreation area.
[Amended 5-8-2020 by Ord. No. 2020-5]
(h)
A dense vegetative buffer having a minimum width of fifty (50)
feet shall be provided from any adjoining lots zoned for or occupied
by single family residential dwellings.
(i)
All condominium development shall conform to the following bulk standards, which bulk standards shall supersede the Schedule of Area, Yard and Building Requirements found in Section 55-62 for the C-N Neighborhood Commercial Zone:
[1]
Minimum lot size of 9 acres
[2]
Minimum lot depth of 300 feet
[3]
Minimum front yard setback of 50 feet
[4]
Minimum side yard setback of 10 feet
[5]
Minimum combined side yard setback of 35 feet
[6]
Minimum rear yard setback of 30 feet
[7]
Maximum lot coverage by building of 50%
[8]
Maximum building height of 3 stories or 48 feet.
(9)
Hotel/motel
shall only be located on property directly accessed by a County Road
and within 1,000 feet from the Garden State Parkway. The maximum permitted
building height for a hotel/motel in the C-N District shall be 60
feet.
[Added 2-2-2021 by Ord. No. 2021-4[1]]
[1]
Editor's Note: This ordinance also changed the title of this
section from "C-N Neighborhood Commercial Zone" to "C-N Neighborhood
Commercial Zone West of Parkway."
(10)
Assisted living facilities, nursing and convalescent homes and
long-term care facilities may be permitted in the C-N Zone, subject
to the issuance of a conditional use permit and adherence to the minimum
requirements of the C-N Zone and the following standards:
[Added 2-2-2021 by Ord.
No. 2021-4]
(a)
A statement shall be submitted with the application setting
forth the full particulars regarding the use, activities and buildings.
(b)
The site shall be within 1,000 feet of the Garden State Parkway
and have frontage on and have primary direct access to and from a
county road or a New Jersey State Highway or a Barnegat Township improved
road.
(c)
Minimum requirements shall be as follows:
[1]
Minimum area, yard and building requirements.
[c]
Accessory building requirements. Accessory building
requirements shall be the same as those established for the particular
zoning district within which the facility is located.
[d]
Maximum building coverage:
[I]
Fifty percent combined coverage when assisted living
facilities, nursing and convalescent homes and long-term care facilities
is associated with a mixed-use commercial development.
[II]
Twenty percent for stand-alone assisted living
facilities, nursing and convalescent homes and long-term care facilities.
[2]
Maximum principal building height: 35 feet, provided, however, that the height of a structure, or portion thereof, may exceed the maximum as otherwise permitted in § 55-129, provided that the front, rear and side yard requirements set forth above shall be increased by one foot for each foot by which the height of the structure, or part thereof, exceeds the permitted maximum height; and further provided that in no case shall any proposed structure, or part thereof, exceed three usable floors (stories) and 50 feet in height.
[3]
Maximum accessory building height: 35 feet.
[4]
Maximum residential density:
A maximum density of 20 units per acre shall be permitted for assisted living facilities in accordance with the Pinelands Development Credit requirements in Subsection C(10)(c)[5] below. Only that portion of the tract devoted to the assisted living facility, including the acreage devoted to building square footage, parking and drive aisles, shall be included in the density calculation. Long term care beds within the nursing and convalescent facility shall not be included in calculations of the density and shall not have a Pinelands Development credit obligation.
[5]
Pineland Development credits shall
be purchased and redeemed for all assisted living facilities as follows:
[I]
Base density without use of Pineland Development
credits shall be eight units per acre;
[II]
Bonus density with the use of Pinelands Development
credits shall be 12 units per acre; and
[III]
Maximum bonus density: 20 units per acre.
Assisted living facility shall only be permitted to have a density
greater than 12 units per acre and up to 20 units per acre provided
that Pinelands Development credits have been purchased and redeemed
to achieve the twelve-unit per acre bonus density with the use of
Pinelands Development credits.
(d)
All support facilities, functions and services shall be intended
for the use and benefit of the resident users of the facility and
their guests.
(e)
Support services, functions and facilities within a facility
or development may include the following or similar personal services:
[1]
Indoor and outdoor recreational facilities.
[2]
Physical therapy facilities.
[3]
Entertainment facilities.
[4]
Libraries.
[5]
Food preparation facilities.
[6]
Dining facilities.
[7]
Linen service facilities.
[8]
Nursing services.
[9]
Housekeeping services.
[10]
Health care facilities and services, including
nursing beds, security facilities, administrative offices, storage
facilities, chapels, facilities for the temporary lodging of guests
and limited service facilities.
[11]
Medical day care/social day care (adult day services).
[12]
Personal care centers (haircutting, shampooing,
personal grooming, etc.).
(f)
Parking facilities for the residents, employees and visitors
of the assisted care facility shall be provided based on a total of
the following:
[1]
One space per two state licensed assisted living dwelling unit.
Provided however, that the applicant shall be allowed to provide,
at the time of initial construction, one parking space for every three
dwelling units, but reserve an adequate area for future construction
of the additional required parking space should the actual operating
experience demonstrate that the amount of parking initially provided
is insufficient.
[2]
One space per day-shift employee.
[3]
One space per 10 independent living units for visitor parking.
[4]
Where fractional spaces result in the calculation of the requirements,
the required number shall be construed to be the nearest whole number.
(g)
Any health care facility shall be licensed by and/or meet all
applicable standards of federal, state and county regulatory agencies.
(h)
Minimum residential floor area. The requirements contained in
this section are designed to promote and protect the public health,
to prevent overcrowded living conditions, to guard against the development
of substandard neighborhoods, to conserve established property values
and to contribute to the general welfare.
D.
Special Requirement for C-N Zones in the Pinelands Area.
(1)
All uses, other than residential uses, which are listed as permitted,
accessory, or conditional uses in the PF Zone, shall be considered
as permitted uses in the C-N Zone in the Pinelands Area.
(2)
In addition to the uses listed in subparagraph (1) above, all uses
listed in paragraph A., above, may be permitted in all Pinelands Area
C-N zones where such zones are located within a Pinelands village
or regional growth area.
(3)
Notwithstanding the Schedule of Area, Yard and Building Requirements, the minimum lot size for retail sales and service establishments in the Pinelands Area shall be forty thousand (40,000) square feet, or larger where necessary to comply with Article XIX of this chapter, except as provided in § 55-300 for unsewered lots in the Pinelands Area.
(a)
Notwithstanding the minimum lot areas set forth above and in the Schedule of Area, Yard and Building Requirements, no such minimum lot area for a nonresidential use in the forest area of C-N zones shall be less than that needed to meet the water quality standards of § 55-291B(4), whether or not the lot may be served by a centralized sewer treatment or collection system.
(4)
With the exception of a mixed use development or condominium development, any variance or other approval for a residential use in the Regional Growth portion of the CN Zone shall require that Pinelands development credits be used for fifty percent (50%) of the authorized units for parcels under then (10) acres in size; for seventy-five (75%) of the authorized units for parcels between ten (10) and twenty (20) acres in size and for one hundred percent (100%) of the authorized units for parcels over twenty (20) acres in size. For a mixed use development, the use of Pinelands Development Credits shall be as stipulated in Section 55-57C(7) of the Land Use Ordinance. For a condominium development, the use of Pinelands development credits shall be as stipulated in Section 55-57C(8) of the Land Use Ordinance.
[Amended 6-4-01 by Ord. No. 2001-15; 10-20-14 by Ord. No. 2014-23; 4-4-2017 by Ord. No. 2017-12]
(5)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approval agency with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approval agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to Section 55-277 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands Development Credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Amended 6-4-01 by Ord. No. 2001-15]
(6)
Any municipal variance approval which grants relief from the density
or lot area requirements set forth in the Schedule of Area, Yard and
Building Requirements for a residential or principal nonresidential
use in the Pinelands Village portion of the CN Zone shall require
that Pinelands development credits be used for all dwelling units
or lots in excess of that permitted without the variance.
[Amended 7-16-01 by Ord. No. 2001-29]
[Deleted 6-19-89 by Ord. No. 1989-19]
[Deleted 8-20-90 by Ord. No. 1990-26]
[Amended by Ord. No. 1997-16]
The minimum building lot requirements in each of the above specified
districts shall be as defined in the Schedule of Area, Yard and Building
Requirements attached hereto and adopted as part of this chapter.
(See Appendix A and Appendix B)
[Amended 6-19-89 by Ord. No. 1989-19; 8-20-90 by Ord. No. 1990-26; 45-93 by Ord. No. 1993-8 § 19]
A.
The purpose of this section is to provide a method of developing
land in certain districts to set aside desirable open spaces, common
property, conservation areas, floodplains, school sites, recreation
areas and parks. The generation of these areas is brought about by
permitting a reduction in lot sizes without increasing the number
of lots.
B.
Cluster developments may be approved at the discretion of the Board
in accordance with the following standards:
[Amended 7-16-01 by Ord. No. 2001-29]
(1)
All dwelling units shall be connected to approved and functioning
central water and sanitary sewage treatment systems.
(2)
The maximum number of lots shall be expressed in lots per gross acre
of land as set forth in this section.
(3)
A cluster development must consist of at lease one (1) or more contiguous
tracts of land containing not less than thirty (30) acres.
C.
All open space lands shall meet the following requirements:
(1)
The minimum size of any parcel shall be two (2) acres.
(2)
It shall be an integral part of the development and shall be located
to best suit the purposes(s) for which it is intended.
(3)
Every parcel offered to and accepted by the Township shall be conveyed
by deed at the time final plat approval is granted, and such acceptance
is subject to any conditions the Township may impose. Said deeds shall
contain restrictions stating to what use(s) such land(s) shall be
restricted.
(4)
Any lands offered to the Township shall be subject to approval by
the governing body after review and recommendation by the approving
authority. The approving authority shall be guided by the Master Plan,
the ability to assemble and relate such lands to an overall plan,
the accessibility and potential utility of such lands and such existing
features as may enhance or detract from the intended use of the lands.
The approving authority may request an opinion from other agencies
or individuals as to the advisability of accepting any lands to be
offered.
(5)
Any lands dedicated for open space purposes shall contain appropriate
covenants and deed restrictions, approved by the Board, which ensure
that:
(6)
All lands set aside for open space shall be developed with active
and passive recreational facilities to serve the needs of the future
resident population. The Board shall have complete and final determination
as to the adequacy, usefulness and functionalism of the lands set
aside for open spaces. Active and passive recreational facilities
shall include but not be limited to ballfields, multipurpose fields,
tennis courts, multipurpose court areas, children's playground equipment,
passive picnic or sitting areas, swimming pools, bicycle paths and
jogging trails.
(7)
There should be a close visual and physical relationship between
open space and as many dwelling units as is reasonably possible. Open
space areas should weave between dwelling units generally respecting
a minimum width of fifty (50) feet and periodically widening out into
significant and usable recreation areas.
(8)
The configuration of the open space area should be so arranged that
connections can be made to existing or future adjacent open spaces.
(9)
Land is dedicated for open spaces shall include, natural features
such as streams, brooks, wooded areas, steep slopes and other natural
features of a scenic and conservation value. The developer may be
required to plant trees or make other similar landscaping improvements.
(10)
Development of open space and recreational facilities shall
proceed at the same rate as development of the dwelling units. To
assure compliance with this subsection, the Building Inspector shall,
from time to time following the approval of the cluster development,
review building permits and shall make an inspection of open space
and recreational facilities to examine the work taking place on the
site. If he shall determine that open space and recreational facilities
are not being developed at the same rate as dwelling units, he shall
report back to the Township Committee, which may take such action
as it may deem appropriate, including the issuance of stop-work notices
or revocation of building permits until such time as parity in development
has been reached.
(11)
The Board may require a subdivider to make certain site preparation
improvements to the open spaces. The Board may provide that said site
preparation improvements are made a part of the plan and are noted
therein. Some may include the following:
(a)
Removal of dead or diseased trees.
(b)
Thinning of trees or other growth to encourage more desirable
growth.
(c)
Removal of trees in areas planned for ponds, lakes or active
recreational facilities. The Board may require the assistance of experts
to determine the foregoing.
(d)
Grading and seeding.
(e)
Improvement or protection of the natural drainage system by
the use of protective structures, stabilization measures and similar
improvements.
(12)
Wherever possible, all the following land areas and features
shall be preserved as open space:
(13)
Building lot standards. Whenever possible, buildings shall front
on culs-de-sac, loop streets or P-loops. Only rear lot lines of proposed
building lots shall abut rear or side lot lines of the tract of land
proposed for development.
(14)
Utilities. All utilities shall be underground, and water and
sewerage facilities shall be centralized, with no individual wells,
septic tanks or cesspools permitted.
D.
Districts Permitted.
(2)
The exercise of the clustering option shall be contingent upon the
availability and provision of public/private sanitary sewer facilities
and potable water supply. Plan review shall be required by the appropriate
municipal agency for all cluster developments. All submissions, review
procedures, development review fees, site plan regulations, permits
and approvals, design and performance standards, zoning district regulations
and compliance shall conform to the provisions as set forth in this
chapter.
E.
Required Findings by the Planning Board. Prior to granting approval
of any cluster (reduced lot size) development election the Planning
Board must find that:
(1)
Sanitary sewer collection and treatment facilities are available
to and are to be provided to the proposed development.
(2)
The proposal will produce economy in layout and design.
(3)
The proposal is not inconsistent with and will not create hazards
relating to traffic patterns already established by surrounding development.
(4)
Open space to be created by the proposal must be suitable for passive
or active recreation uses and/or valuable for the protection of the
natural environment and/or necessary for a public or quasi-public
purpose.
(5)
There is reasonable assurance that the improvement and maintenance
of the open space can be secured by the methods and arrangements proposed
by the developer.
(6)
The proposal is consistent with the intent and purpose of the Master
Plan.
F.
Maximum Density. The maximum density of residential building lots
for cluster development in each of the specified districts shall be
as defined in the Schedule of Area, Yard and Building Requirements
attached hereto and adopted as part of this chapter. In any event,
the overall permitted density shall be calculated on a gross-acreage
basis where gross acreage is the entire area of the tract prior to
development.
The minimum lot size and open space requirements for each of
the specified districts are as follows:
|
Minimum Lot Size (Sq. Ft.)
| |||
|---|---|---|---|
|
Zone
|
Base
|
With PDC
|
Percentage of Open Space
|
|
RL
|
29,000
|
14,500
|
20
|
|
RL/AC
|
29,000
|
14,500
|
20
|
G.
Area, Yard and Setback Requirements. The minimum building lot requirements
for cluster development in each of the specified districts shall be
as defined in the Schedule of Area, Yard and Building Requirements
attached hereto and adopted as part of this chapter.
[Added 6-5-89 by Ord. No. 1989-14; amended 12-16-96 by Ord. No. 1996-60 § 26]
A.
Residential dwellings on three and two-tenths (3.2) acre lots may
be permitted in any Pinelands Area zoning district, provided that:
(1)
The dwelling unit will be the principal residence of the property
owner or a member of the immediate family of the property owner;
(2)
The individual whose principal residence the dwelling unit will be
has not developed a dwelling unit under this section within the previous
(5) years;
(3)
The parcel of land on which the dwelling is to be located has been
in the continuous ownership since February 7, 1979 of the person whose
principal residence the dwelling unit will be, a member of that person's
immediate family, or a partnership or corporation in which members
of that person's immediate family collectively own more than a majority
interest in such partnership or corporation; and
(4)
The person whose principal residence the dwelling unit will be has
resided in the Pinelands for at least five (5) years and that person
or one (1) or more members of that person's immediate family has resided
in the Pinelands for a total of at least twenty (20) different years.
B.
Residential dwelling units on one (1.0) acre lots may be permitted
in any Pinelands management area, provided that:
[Added 7-16-01 by Ord. No. 2001-29]
(1)
The applicant satisfies all of the requirements set forth in paragraph
A above;
(2)
The lot to be developed existed as of February 8, 1979 or was created
as a result of an approval granted by the Pinelands Development Review
Board or by the Pinelands Commission pursuant to the interim Rules
and Regulations prior to January 14, 1981;
(3)
The applicant qualifies for and receives from the Township a variance
from the three point two (3.2) acre lot size requirement set forth
in paragraph A above;
(4)
The applicant purchases and redeems one-quarter (0.25) Pinelands
development credits; and
[Amended 6-20-88 by Ord. No. 1988-27; 6-5-89 by Ord. No. 1989-14; 6-19-89 by Ord. No. 1989-19;
8-20-90 by Ord. No. 1990-26; 12-16-96
by Ord. No. 1996-60 § 27;
2-2-98 by Ord. No. 1998-2 § 3;
5-1-00 by Ord. No. 2000-11 § 4]
A.
Definition. A "planned residential retirement community," hereinafter
referred to as "PAC," is defined as a community having one (1) or
more parcels of land with a contiguous total acreage of at least one
hundred (100) acres forming a land block to be dedicated to the use
of a planned retirement community. Through its corporation, association
or owners, said land shall be restricted, by by-laws, rules, regulations
and restrictions of record, to use by permanent residents in their
late adult years. Ownership of the residential units and the area
comprising a PAC may be in accordance with the provisions of N.J.S.A.
46:8B-1 et seq., or the ownership may be as is commonly referred to
as "fee simple" with open space be maintained through assessment against
property owners within the confines of said community.
C.
Permitted Uses.
(1)
Single-family detached dwellings and semidetached dwellings.
(2)
Attached single-family dwellings (multiple-family dwellings) with
no side yard between adjacent buildings, but no more than four (4)
such units so attached (townhouses).
(3)
Recreational and cultural facilities for the sole use of the residents
of the community and their guests, including the following: clubhouse,
swimming pool, shuffleboard courts and picnic grounds. Recreational
and cultural facilities shall not be limited to the foregoing, so
that the applicant may propose additional facilities with its submission.
All such facilities shall be subordinated to the residential character
of the community, and no advertising shall be permitted.
D.
Accessory Uses. Necessary accessory buildings and uses shall be permitted,
including facilities for maintenance, administration, streets and
off-street parking facilities and utilities.
E.
Schedule of Minimum Requirements.
(1)
Minimum area. The minimum area for a planned residential retirement
community shall be one hundred (100) contiguous acres under one (1)
ownership or control, provided that an area less than one hundred
(100) acres may be added to an existing PAC if contiguous thereto
and if in compliance with the provisions of this section.
(2)
Gross residential density. There shall be no more than two and twenty-five
hundredths (2.25) dwelling units per acre. Same shall be calculated
by dividing the proposed number of dwelling units by the number of
acres in the development, excluding land under permanent bodies or
flowing steams of water preexisting development of the tract and one-half
(1/2) of all land within a floodplain area, as defined either in this
chapter or any other ordinance of the Township of Barnegat.
(3)
Height of buildings. The height of any building shall not exceed
thirty-five (35) feet and shall be limited to two and one-half (2 1/2)
stories; provided, however, that water towers and attendant facilities
and similar structures shall have no height limit but shall be reviewed
on an individual basis.
(4)
Green area or open space. Not less than twenty percent (20%) of the
entire acreage of the PAC tract shall be used for a green area or
open space. "Green area" or "open space," for the purpose of this
section, is defined as those areas of the PAC tract not committed
to use for residential buildings and public or private rights-of-way.
There may be included in the green area those areas used for recreational
purposes.
(5)
Minimum lot size.
(a)
Minimum lot size for single-family detached dwellings in the
PAC shall be five thousand (5,000) square feet with a width of not
less than fifty (50) feet.
(b)
Attached dwellings or townhouses shall have a minimum lot size
of one thousand five hundred (1,500) square feet for each unit. The
minimum width of such townhouse units shall be twenty (20) feet at
the building setback line.
(6)
Single-family dwelling setbacks. Front yards, side yards and rear
yards of single-family dwelling buildings shall comply with the following
minimum dimensions:
(a)
Front yard setbacks shall be at least twenty (20) feet. On a
corner lot, all residential buildings shall be at least twenty (20)
feet from any street upon which the lot does not front.
(b)
A side yard shall be a minimum of five (5) feet with a total
of both side yards being fifteen (15) feet on each lot. In no event,
however, shall buildings be less than fourteen (14) feet apart.
(c)
Rear yard setbacks for the principal structure shall be at least
twenty (20) feet. However, the rear yard setback for decks, porches
and Florida rooms shall be ten (10) feet.
(7)
Attached dwelling setbacks. Attached dwelling units or townhouse
structures shall have the following front yard, side yard and rear
yard setbacks:
(8)
Buffer zone. Buffer areas are required around the perimeter of all
planned adult communities, including along all road frontages. No
building or structure other than entrances, gatehouses, walls and
fences shall be located within fifty (50) feet of any exterior boundary
line of the tract.
(10)
Off-street parking requirements shall be in accordance with
the provisions of this chapter.
(11)
Internal walkways shall maintain a minimum of three (3) foot
side yard setback.
[Added 7-5-2022 by Ord. No. 2022-17]
F.
Plan review shall be required by the appropriate municipal agency
for all proposed PAC development. All submissions, review procedures,
development review fees, site plan regulations, permits and approvals,
design and performance standards, zoning district regulations and
compliance shall conform to the provisions as set forth in this chapter.
G.
Streets.
(1)
Streets may be either dedicated to the public use or private in nature,
at the option of the Township Committee. In any event, same shall
be constructed in accordance with the provisions of this chapter.
(2)
With the exception of those roads which required to be dedicated
for public use by either the Board, the Township Committee or the
County of Ocean, all roads are to remain private roadways and are
to be the property and responsibility of a homeowners' association
or analogous body for the care and maintenance of the roadways, green
areas and recreational facilities. Provisions shall be made for the
permanent maintenance of private roadways located within a PAC so
that such roadways shall not become the obligation of the Township
of Barnegat.
H.
Screening Strips. There shall be provided an adequate screening strip
along the exterior boundary lines of a PAC, which screening strip
shall consist of fencing or plantings, or a combination of both, the
adequacy of which shall be determined by the Board.
I.
Water and Sewer Facilities. No individual wells or individual sewage
disposal systems shall be permitted. Each dwelling unit shall be serviced
by a central water system and waste disposal system approved by the
jurisdictional utility and all applicable bodies. The implementation
and placement of these facilities shall be subject to the requirements
of this chapter.
J.
Maintenance of Association-Owned Properties. The maintenance of the
green areas, private roadways, driveways, common courtyards, recreational
areas, lakes and other improvements not intended to be individually
owned shall be provided by an association organized under the nonprofit
corporation statute of the State of New Jersey (Title 15) and formed
for that purpose. The applicant shall, in the form of restrictions
and covenants to be recorded, provide that title to the aforesaid
enumerated areas shall be conveyed to said association, whose members
shall be owners of lots or other interests, or to such other persons
as a majority of the members shall designate from time to time by
duly adopted bylaws. Said restrictions and covenants shall also provide
that, in the event that the nonprofit association shall cease to function
through lack of participation of its members, or be dissolved, the
Township of Barnegat shall have the right by special assessment to
assess the lot owners in the development or tract, annually, a sum
of money which would be sufficient to pay the taxes on said park,
recreational and other areas and for the proper upkeep, maintenance
and preservation of same. Such restrictions and covenants shall further
provide that the same shall not be altered, amended, voided or released,
in whole or in part, without the written consent of the Township,
by resolution duly adopted at a regular meeting of the Township Committee
and except upon proper notice being given by the applicant or any
other party in interest to all owners of lots in the PAC.
K.
Recreational Areas.
(1)
There shall be in each PAC at least one (1) clubhouse or community
building. There shall be at least six (6) square feet of clubhouse
building space provided for each proposed dwelling unit. The clubhouse
shall be completed and in operation before the 100th dwelling unit
has been completed and a certificate of occupancy issued therefor.
(2)
Each PAC shall provide a site or sites for recreational facilities
for the use of its residents. Recreational facilities shall include,
but shall not be limited to, such facilities as shuffleboard lanes,
barbecue grills, picnic benches and indoor recreation facilities.
Swimming pools not less than two thousand five hundred (2,500) square
feet in size shall be required. Such additional recreational facilities
may be required by the Board, in its discretion, as will be beneficial
to the residents of the community. All grounds surrounding recreational
and administrative facilities shall be appropriately landscaped and
shall be provided with adequate walkways. Underground irrigation shall
be installed for such areas.
(3)
Where a PAC is a conventional fee simple development, covenants and
restrictions and plot plans shall indicate that recreational areas
and green areas shall be dedicated to a homeowner's association or
analogous body.
L.
Procedural Requirements.
(1)
All subdivision plans and site plans shall be submitted to the Board
in accordance with the requirements of this chapter.
(2)
At such time as the applicant or developer shall submit a subdivision
plan or site plan for approval, the following shall also be submitted:
(3)
Said documents shall be forwarded to the Board and shall be subject
to the review of the Planning Board and of the Township Committee
as to their adequacy in ensuring that the community shall be constituted
so as to be consistent with the purposes and requirements of this
section. The proposed documents and restrictions shall indicate a
comprehensive and equitable program for the orderly transition of
control over the homeowners' association from the applicant or the
developer to the actual homeowners in the community.
(4)
In addition to the foregoing, it shall be mandatory for any applicant
to provide the Board and the Township Committee with copies of all
submissions to be made to any state agency, pursuant to the Retirement
Community Full Disclosure Act, at all stages of development.
M.
Use of Pinelands Development Credits to Increase Density.
(1)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approval agency with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approval agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to Section 55-277 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Amended 6-4-01 by Ord. No. 2001-15]
(2)
A density bonus of one (1) residential unit shall be yielded for
each one-quarter (1/4) of a Pinelands development credit redeemed.
In no event, however, shall the number of dwelling units to which
an applicant is entitled exceed one and one-half (1 1/2) times
the number otherwise permitted in this section. The maximum number
of dwelling units permitted shall be four (4) per gross acre.
(3)
All applications in which the use of Pinelands development credits
is proposed shall be referred to the Planning Board and the Pinelands
Commission for review and certification.
(4)
No permit shall be issued for any development using Pinelands development
credits to increase residential density unless the Pinelands Commission
shall first certify in writing that credits are owned by the applicant
and that the same credits have not been or are not being used to secure
density bonuses elsewhere.
N.
Affordable Housing Requirements. All Planned Adult Communities (PAC)
shall provide low and moderate income housing in accordance with the
following requirements. The development must provide one of the following:
(1)
A minimum of ten percent (10%) of the units within the development
shall be set aside for low and moderate income households. The units
shall be developed in accordance with the requirements for inclusionary
developments included in this chapter.
(2)
The developer has the option to develop affordable family (non-age
restricted) housing off-site, in lieu of developing senior affordable
housing on-site. The developer shall be responsible for developing
a minimum number of affordable family units equal to five percent
(5%) of the total number of units in the PAC. This option is subject
to the following:
(a)
The applicant must demonstrate that utilizing this option will
not impinge upon the Township's ability to address the needs of seniors
to the extent the Township is permitted; and
(b)
The applicant selecting sites for the construction of affordable
family housing that are acceptable to the Township and Planning Board,
and the court.
(3)
The applicant may present a proposal for advancing the Township's
affordable housing objective, which proposal would be subject to the
approval of the Township, Planning Board, and the court.
[Amended 4-3-89 by Ord. No. 1989-8; 8-20-90 by Ord. No. 1990-26; 12-16-96 by Ord. No. 1996-60 § 28]
A.
All uses, other than residential and institutional uses, which are
listed as permitted or conditional uses in the PF Zone, shall be permitted
uses in the PI Zone.
[Added 6-1-92 by Ord. No. 1992-8]
A.
Statutory Authorization. It is the responsibility of the local government
to adopt regulations designed to promote the public health, safety
and general welfare. Such power has been delegated to the municipalities
from the legislature of the State of New Jersey. The Township Committee
of the Township of Barnegat in order to better promote the public
health, safety and general welfare of its citizens does ordain as
follows:
B.
Findings of Fact. Pursuant to N.J.S.A. 2C:34-2(b), the legislature
of the State of New Jersey has determined that it is a fourth degree
crime to sell, distribute, rent or exhibit material which is obscene.
Consequently, the State of New Jersey has pre-emptied the Township
of Barnegat from prohibiting the sale of material which the Township
believes to be obscene. However, in order to promote the public health,
safety and general welfare of its citizens, the Township of Barnegat
may promulgate reasonable time, place and manner regulations with
respect to the sale, distribution, rental or exhibition of various
items by sexually oriented businesses.
(1)
The Township of Barnegat has determined that sexually oriented
businesses have a deleterious effect on both the existing businesses
adjacent to such establishments as well as the surrounding residential
areas; cause increased crime, especially prostitution; adversely affect
property value; create an atmosphere which is inimical to the values
of a significant segment of the Township's population; encourage residents
and businesses to move elsewhere and that such sexually oriented businesses,
when located in close proximity to each other, contribute to urban
blight and downgrade the quality of life in the adjacent areas.
(2)
The City of Amarillo, Texas, prepared a study entitled "A Report
on Zoning and Other Methods of Regulating Adult Entertainment Uses
in Amarillo", which report concluded that adult entertainment businesses
are distinguishable from other types of businesses in that they have
a negative impact on surrounding land uses. This study established
a relationship between high crime rates and proximity to adult businesses.
The study further found that the late operating hours of most adult
businesses created special problems to surrounding neighborhoods in
the form of noise, glare and traffic.
(3)
The municipality of Beaumont, Texas, prepared a Planning Department
Study with respect to one neighborhood of that municipality which
investigated the effect of adult businesses on economic decline and
crime. That municipality concluded that the concentration of adult
businesses drove away neighborhood commercial stores and contributed
to an increase in crime such as prostitution, drug use and muggings.
(4)
The City of Indianapolis, Indiana, prepared a report in February,
1984. This study concluded that sex related crime rates were seventy-seven
percent (77%) higher in areas containing adult businesses as opposed
to areas which did not. The study further surveyed real estate appraisers
not only from the City of Indianapolis, but also from across the nation
which concluded that seventy-eight percent (78%) to eighty percent
(80%) of those surveyed felt that residential property values would
decrease if located within a block of an adult business. Finally,
it was concluded that even relatively passive adult entertainment
businesses such as "adult book stores" have serious negative effects
on their immediate environment.
(5)
The Department of City Planning for the City of Los Angeles,
California, has surveyed real estate appraisers to assess the impact
of adult oriented businesses on property values. Over ninety percent
(90%) of the appraisers surveyed felt that the concentration of adult
businesses would decrease the market value of private residences located
within one thousand (1,000) feet of the adult business. Eight-seven
percent (87%) indicated that the concentration of adult businesses
would decrease the market value of business property located in the
vicinity as such establishments.
(6)
The Department of Regional Planning for the County of Los Angeles,
California has surveyed law enforcement officers and concluded that
areas with a concentration of adult businesses have a higher incidence
of public intoxication, theft, assault, disturbing the peace, and
sex related vice.
(7)
The City of Phoenix, Arizona, has concluded through three separate
studies that in areas containing adult businesses, crime were forty-three
percent (43%) higher, violent crimes were four percent (4%) higher,
and sex related crimes were over five hundred percent (500%).
C.
Purpose and Objectives. It is the purpose of this section to regulate
sexually oriented businesses to minimize and control the adverse effects
recognized in the preceding section and to promote the public health,
safety and general welfare of the citizens of the Township of Barnegat.
The Township Committee of the Township of Barnegat finds that the
secondary effects of adult entertainment establishments, as established
through the reports and studies of other cities and municipalities
with the appropriate resources to conduct same is deleterious and
inimical to health, safety and general welfare of the residents of
the municipality. It is not the purpose of this section to restrict
or deny access by adults to sexually oriented materials protected
by the First Amendment not will this section have the effect of restricting
or denying such access.
[Added 6-1-92 by Ord. No. 1992-8]
As used in this section:
Shall mean any place to which the public is permitted or
invited where coin operated or slug operated or electronically, electrically
or mechanically controlled still or image-producing devises are maintained
to show images to one person per machine at any one time, and where
the images so displayed are distinguished or characterized by the
depicting or describing of specified sexual activities or specified
anatomical areas.
Shall mean a commercial establishment which as one of its
principal business purposes offers for sale or for rental for any
form of consideration any one or more of the following:
Books, magazine, periodicals or other printed material, or photographs,
films, motion pictures, video cassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devises, or paraphernalia which are designed for
use in connection with specified sexual activities.
Shall mean a nightclub bar, restaurant, or similar commercial
establishment which regularly features:
Shall mean a hotel, motel or similar commercial establishment
which offers accommodations to the public for any form of consideration,
and which
Provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas, and
has a sign visible from the public right of way which advertises the
availability of this adult type of photographic reproductions; or
Offers a sleeping room for rent for a period of time that is
less then ten (10) hours; or
Allows a tenant or occupant of a sleeping room to sub-rent the
room for a period of time that is less than ten (10) hours.
Shall mean a commercial establishment where, for any form
of consideration, films, motion pictures, video cassettes, slides,
or similar photographic reproductions are regularly shown which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas. Adult motion picture theaters
shall meet the seating criteria established for Adult Theaters.
Shall mean a theater, concert hall, auditorium, or similar
commercial establishment which regularly features persons who appear
in a state of nudity or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities. Seating shall be provided in a design consistent with
traditional movie theaters. All sitting areas shall be visible and
unobstructed.
Shall mean the exhibition to the senses of another person
for valuable consideration whether the valuable consideration is paid
by the recipient of the exhibition or by another, and whether the
exhibition occurs at the exhibitor's place of business or elsewhere.
Shall mean the appearance of a human bare buttock, anus,
male genitals, female genitals, or female breasts.
Shall mean the definition of obscene materials set forth
in C. 95, L. 1978 as amended by C. 211, Section 1, L. 1982 (effective
December 23, 1982 as N.J.S.A. 2C:34-2) as same shall be from time
to time amended or supplemented, as well as in accordance with and
not more strictly than judicial interpretations thereof pursuant to
the Constitution of the United States and of the State of New Jersey
finally concluded in courts of jurisdiction sufficient to render decisions
on constitutional questions of general application.
Shall mean an individual, proprietorship, partnership, corporation,
association, or other legal entity.
Shall mean an adult arcade, adult book store or adult video
store, adult cabaret, adult motion picture theater or adult theater.
Shall mean
Shall mean and includes any of the following
The fondling or other erotic touching of human genitals, pubic
region, buttock or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of
the activities set forth in paragraphs (1) through (3).
[Added 6-1-92 by Ord. No. 1992-8]
A.
It shall be a violation of this section if a person operates or causes
to be operated or allows to be operated a sexually oriented business:
(1)
Within one thousand (1,000) feet of a place of worship;
(2)
Within one thousand (1,000) feet of any school, whether public
or private or within one thousand (1,000) feet of any school bus stop;
(3)
Within one thousand (1,000) feet of a boundary of a growth area,
village or rural development district;
(4)
Within one thousand (1,000) feet of any other sexually oriented
business;
(5)
Within one thousand (1,000) feet of any residential use;
(6)
Within one thousand (1,000) feet of any public park or playground.
B.
Measurement shall be made in a straight line, without regard to intervening
structures or objects, from the nearest portion of the building or
structure used as a part of the premises where a sexually oriented
business is conducted, to the nearest property line of a residential
district, a public park or playground, a lot devoted to residential
use or a school bus stop.
C.
A sexually oriented business lawfully operating as a conforming use
is not rendered a non-conforming use by the location, subsequent to
the establishment of the sexually oriented business of a place of
worship, school, public area, residential district, or residential
lot within one thousand (1,000) feet of the sexually oriented business.
D.
Sexually oriented businesses shall conform with design standards
and development requirements established through the ordinances of
the Township of Barnegat.
[Added 6-1-92 by Ord. No. 1992-8]
A.
Any person violating any provision of this section, upon conviction,
is punishable by a fine not to exceed one thousand ($1,000.00) dollars,
or a term of imprisonment not to exceed ninety (90) days or both.
In no event shall any person violating this section upon conviction
receive a fine below the amount of one hundred ($100.00) dollars.
B.
Each day a sexually oriented business is in operation, in violation
of this section, each such day shall constitute a separate offense
under this section.
C.
Each separate film, video cassette or other visual reproduction or
each showing of live entertainment which is displayed to another in
violation of this section is a separate offense under this section.
[Added 6-1-92 by Ord. No. 1992-8]
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed to the extent of any such inconsistencies.
[Added 6-1-92 by Ord. No. 1992-8]
Should any section, paragraph, sentence, clause or phrase of
this section be declared unconstitutional or invalid for any reason,
the remaining portions of this section shall not be affected thereby
and shall remain in full force and effect and to this end the provisions
of this section are hereby declared severable.
